Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order

Your email address will be used to notify you when your comment has been reviewed by the moderator and if the author or moderator of the article needs to contact you directly. In addition to the International Court of Justice, many international courts, international tribunals, ad hoc tribunals and tribunals supported by the United Nations have different relationships with the United Nations (such as the Tribunals for the Former Yugoslavia and Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon). In “Maritime Terrorism and the Role of Judicial Institutions in the International Legal Order”, Md Saiful Karim offers a critical analysis of the role of judicial institutions in the fight against maritime terrorism. This book comprehensively examines the existing international legal framework to combat maritime terrorism and argues for an up-to-date framework to address modern threats. In particular, Karim highlights the important role of national courts in prosecuting suspected maritime terrorists and resolving disputes arising from maritime terrorism. It fills important gaps in the existing literature and suggests a path for the influence of international legal institutions. The Sixth Committee of the General Assembly is the principal body responsible for dealing with legal matters in the General Assembly. All States Members of the United Nations have the right to be represented in the Sixth Committee as one of the Main Committees of the General Assembly. The Charter of the United Nations has set itself an objective in its preamble: “To create conditions conducive to the maintenance of justice and respect for obligations arising from treaties and other sources of international law”. Since then, development and respect for international law have been an integral part of the organization`s work. The United Nations has played a leading role in efforts to promote international humanitarian law. The Council is increasingly committed to the protection of civilians in armed conflict, the promotion of human rights and the protection of children in times of war. This work is carried out in a variety of ways — through courts, tribunals, multilateral treaties — and by the Security Council, which may authorize peacekeeping missions, impose sanctions or authorize the use of force when there is a threat to international peace and security, if it deems it necessary.

These powers are conferred on it by the Charter of the United Nations, which is considered an international treaty. As such, it is an instrument of international law and States Members of the United Nations are bound by it. International law also regulates global commons such as environment and sustainable development, international waters, space, global communications, and global trade. International law defines the legal responsibility of States in their relations with each other and in their treatment of persons within the borders of States. Some of the measures taken by the Security Council have implications for international law, for example with regard to peacekeeping missions, ad hoc tribunals, sanctions and resolutions adopted under Chapter VII of the Charter. Under article 13 (b) of the Rome Statute, the Security Council may refer certain situations to the Prosecutor of the International Criminal Court (ICC) if it is established that international crimes (such as genocide, crimes against humanity, war crimes, crimes of aggression) have been committed. The United Nations is currently providing technical assistance to Member States on a number of legal issues. This support includes the provision of advice, expertise, research, analysis, training or other support.

The idea of a permanent international tribunal to prosecute crimes against humanity was first discussed at the United Nations in the context of the adoption of the 1948 Genocide Convention. For many years, differences of opinion have prevented further development. In 1992, the General Assembly mandated the International Law Commission to prepare a draft statute for such a court. The massacres in Cambodia, the former Yugoslavia and Rwanda have made the need even more urgent. The Charter of the United Nations empowers the General Assembly to undertake studies and make recommendations to promote the development and codification of international law. Many subsidiary bodies of the General Assembly deal with specific areas of international law and report to the plenary. Most legal matters are referred to the Sixth Committee, which then reports to the plenary. The International Law Commission and the United Nations Commission on International Trade Law report to the General Assembly. The General Assembly also considers issues related to United Nations institutional law, such as the adoption of the Staff Regulations and the establishment of the internal justice system.