Does international law exist?

By Vestnik Kavkaza
Does international law exist?

In recent years, the issue has been widely debated of the relevance of the principles of international law developed in the last century. The United States accuses Russia being reunited with Crimea as a violation of these principles; Russia accuses the United States of violating international law in various parts of the world.

Yesterday the question of whether the new century requires a new international law was discussed in a live debate on the Vesti FM radio station, to which the recently-appointed official representative of the Russian Foreign Ministry, Maria Zakharova called while driving in a car to Smolenskaya Square 

Zakharova is a public figure, not only in office but also as a character. Reporters appreciate her lively wit and charm, she has almost 27 thousand followers on her Facebook page. "Given my recent appointment as the Russian Foreign Ministry spokeswoman, I would like to determine the status of my ‘blogging’.  Everything that I write on social networks and blogs are not official statements of the Russian Foreign Ministry. For these issues there is the site of the Foreign Ministry, briefings and press conferences of the Ministry. My posts are an expert opinion," Zakharova wrote recently on her page.

Obviously, the personal opinion of one of the most famous and quoted Russian diplomats was expressed during the call to the radio, but obviously her point of view is much the same as the position of Smolenskaya Square.

She disagreed with calls to change international law, 'the scheme' is a game we play, which we do not play, 'we decide that there is international law, and that there is no international law’ is implemented. In fact, international law is an absolutely concrete and absolutely mandatory thing. The UN Charter is binding on the UN member states. Since the vast majority of countries are members of the organization, the Charter and all the decisions of the Security Council are binding on them."

Thus Zakharova made a note that "the UN General Assembly’s decisions are recommendations, they can be performed, can be not performed, partially fulfilled, but the decisions of the Security Council are a mandatory thing."

According to the diplomat, "what we are witnessing now is a simultaneous display of chess, where a grandmaster recognized by everyone, knowing that he cannot defeat any of his partners in chess by the rules of the game, takes the board and starts to hit everyone on their heads. This is the use of other tools for pushing their interests. But then there is no need to sit down and play chess. But if you start a party, if you accept the rules, then play. "

Speaking about the legality of sanctions, which have recently become a fashionable practice, Zakharova noted: "This is not because of the impossibility of the application of international law, but the fact that the interests of one country or another do not fit international law. This is the problem of the individual ‘customers’, who realize their own interests, which are not supported by the international legal means, their own funds.

International law clearly states that a country does not have the right to bypass international law or the decisions of the Security Council to exert pressure on one country or another for their own views or their attitude. Because that would be interfering in the internal affairs of a state, which is also prohibited under international law. After all, when you are using your own tools, if one state is more powerful than another state, you will still not have the right to put pressure on it to implement your own interests. You have to go to the international legal body to prove your right there, to assemble a coalition of the like-minded, to find the right language to reach agreement by consensus, which is produced in the course of the adoption of resolutions. Then it is fashionable to talk about the adoption of sanctions. If tomorrow every state that became somewhat stronger than its neighbor began introducing sanctions against it for implementing their interests, then there would be a chaos in the world and another world war. "

Zakharova is wary of talk about the adequacy of existing rules: "Many say that the current system is inadequate. But are the actions of those who today are the main players in  this situation adequate? We can alter the system as you like, but if the players are not adequate, it is impossible for them to impose a system. Yes, international law is a kind of ideal model, and there is the real world. However, there is a connecting corridor between the transitional ideal system of international law and the real world, it's in the counseling room behind the meeting room of the Security Council. That the Security Council produces the international legal instruments not by punching them, and not by the domination of one opinion over the other, but with a search for consensus and the points of contact between the members of the Security Council. This wise mechanism allows the players to comply with the real interests of international law. If someone offers some other mechanism, everyone will be happy to accept it. But the problem is that there is no better mechanism, either in practice, or in the proposals."

A task was set in the Preamble to the Charter of the United Nations "to establish conditions under which justice can be maintained, and respect for the obligations arising from treaties and other sources of international law." Thus, from the very first days of the existence of the organization, the issue of compliance with and strengthening of international law is an essential part of its activities. This work is carried out on many fronts – in the courts, tribunals, through multilateral agreements, as well as in the Security Council, which, inter alia, is empowered to establish peacekeeping operations, impose sanctions or authorize the use of force in any case where there is a threat to international peace and security. These powers are vested in the Security Council by the UN Charter, which is an international treaty. As such, the UN Charter is an instrument of international law, and the member-states of the United Nations are obliged to abide by it. The UN Charter sets out the basic principles of international relations, from the sovereign equality of states to the prohibition on the use of force in international relations.

 

 

 

 

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