As the world remains shocked at the atrocities committed against civilians in the northern Rakhine state, Myanmar government has once again blocked all aid agencies from delivering vital supplies of food, water, and medicine to thousands of civilians trapped in military campaign zone.

International Law has traditionally been a Western and modern discipline, but it is now a humongous and homogeneous bifurcate of scholarship that has since its establishment been traversing the untrodden trails of cognitive rumination which has expanded the perception and research crossbars.

17th August, 2017 will go down in history as a momentous day in Transitional Justice. On this day Trial Chamber VIII of the International Criminal Court (ICC) issued a reparations order in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi holding Mali Isalmist militant Al Mahdi liable for 2.7 million euros in expenses for individual and collective reparations for destruction of cultural property in Timbuktu, Mali, the second time in the history of the Court where orders for reparations have been made, the first being in Germain Katanga’s case.

On 15th August, 2017, the Pre-Trial Chamber of the International Criminal Court (ICC) headed by Presiding judge Joyce Aluoch and Judges Cuno Tarfusser and Peter Kovacs issued an arrest warrant against Mahmoud Mustafa Busayf Al-Werfalli under Article 58 (1) of the Rome Statute.

It might not be evident at first sight, but we are, in fact, living in the most peaceful era of human history. The battles of decolonization and the two world wars having come to an end already decades ago, the world has entered an unprecedented age of geopolitical stability.

7 July 2017 was a momentous day for disarmament and arms control. On that day, 122 states approved the Treaty on the Prohibition of Nuclear Weapons, often called ‘the ban treaty’, at the United Nations in New York. Once 50 states have ratified the treaty, nuclear weapons will be illegal. The agreement will prohibit the possession of nuclear weapons for all states in the same way as the chemical and biological weapon conventions have prohibited those weapons for all.

The global nuclear justice quest has been culminated by adopting a new regime that intends to dilute the Westphalian Exceptionalism and tries to establish the Universal Constitutionalism based on UN Charter’s goal of violence free world enunciated in its preamble. But its plausibility and pragmatism would be tested in the years ahead.

The theory of Good Governance (GG) relies on the belief an effective government builds upon the criteria of transparency and accountability. Moreover, government brings together the formal institutions of the state and their monopoly of legitimate coercive power (Stoker, 1998). The post-colonialism era left many states in a situation of civil war, bankruptcy and corruption, where an alliance of elites controlled the country’s main resources and wealth, which led to persistent inequalities and divisions within a country (Henderson, Stalker, 2000).

One of the most significant dimensions of Genocide jurisprudence in recent years has been the decisive shift from ‘Objective’ standards to ‘Subjective’ standards in defining the four protected groups under the Genocide Convention, 1948.  Jargon aside, what this essentially means is that controversial objective factors like skin color, physical appearance among others no longer exclusively constitute the determinative tests to assess the commission of the ultimate crime.

"No other concept is as powerful, visceral, emotional, unruly, and as steep in creating aspirations and hopes as self-determination."-Wolfgang Danspeckgruber

Principle at its outset

P
ublic International Law, which governs the relation inter-alia between two or more states, expressly provides for right to self-determination. The principle is of jus cogens nature, which means that a norm or a principle attaining a status of customary international law against which no derogation is allowed, whatsoever.

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