Global Legal Affairs Discussion Overview

Oct 8, 2024

Monthly Discussion on Global Legal Affairs

Event Introduction

  • Date/Time: Good evening, ladies and gentlemen.
  • Host: Angita Maraneka
  • Topic: Implementing Countermeasures by Non-Injured States in International Law
  • Organizers: Udayana Research Center for International Law, Student Community for International Law
  • Welcoming Remarks:
    • Importance of respect, participation, and patience during discussions.

Rules for Conduct

  1. Punctuality: Join on time
  2. Appropriate Dress: Dress properly for online meetings
  3. Minimize Distractions: Quiet environment
  4. Active Participation: Engage in discussions
  5. Respect Speaking Time: Avoid interruptions, use hand-raising feature
  6. Natural Language: Avoid slang or inappropriate language
  7. Patience and Courtesy: During technical difficulties

Guest Speakers

  • Main Speaker: Ms. Puta Ayu Eka Pratili, Bachelor of Student at Udayana University
  • Facilitator: Mr. Ikusti Ngurah Parikesit Udia Teja, SAEPU LLM PhD

Discussion Overview

  • Focus: Exploring the role and challenges of non-injured states in enforcing international law.
  • Objective: Examine case studies, legal justifications, and obstacles in countermeasures by non-injured states.

Key Discussion Points

Countermeasures in International Law

  • Traditionally, countermeasures enforced by injured states only.
  • Recent developments recognize the role of non-injured states.
  • Countermeasures are actions typically illegal but permissible as responses to international wrongful acts.

Case Studies and Examples

  • Nicaragua vs. USA: Highlights enforcement challenges in international law.
    • U.S. refused to comply with the International Court of Justice ruling after losing the case.
  • Current global conflicts (e.g., Israel-Palestine, Russia-Ukraine) demonstrate the rising importance of countermeasures.
  • Legal Framework: Countermeasures regulated under the Responsibility of States for Internationally Wrongful Acts (RCW).

Requirements for Countermeasures

  1. Existence of Unlawful Act: Countermeasures must respond to previous wrongful acts.
  2. Notification: Injured state must notify the offending state before implementing countermeasures.
  3. Proportionality: Countermeasures must be proportionate and reversible.
  4. Humanitarian Considerations: Must not violate humanitarian laws.

Challenges of Enforcement

  • Lack of compulsory adjudication in international law complicates enforcement.
  • Political dynamics can impact resolutions and enforcement actions.

Non-Injured State Countermeasures

  • Non-injured states may invoke countermeasures under specific conditions (Article 48 of RCW).
  • Examples include sanctions against South Africa for apartheid and measures against Iraq after the invasion of Kuwait.
  • Recent sanctions against Russia by Western nations following the invasion of Ukraine demonstrate proactive roles of non-injured states.

Discussion Highlights

  • Dananjaya's Question: Legality of imposing countermeasures before a judicial ruling.
  • Audrey's Inquiry: Role of individuals in advocating against genocide and the practical implications of countermeasures.
  • Laetitia's Commentary: Gap in international law regarding countermeasures and the ongoing Palestine conflict.

Closing Remarks

  • The discussion emphasized the need for better enforcement mechanisms and the potential role of non-injured states in upholding international law.
  • Future discussions will continue to explore related topics, such as the role of international law in current global conflicts.
  • Invitation to fill out attendance for certificates of appreciation.