Where is R2P grounded in international law? Anne-Marie Judson A ...

CHAPTER 3 – THE RULE OF LAW
This chapter covers the rule of law in relation to the concept of R2P and international
law. The question of the rule of law is important because it is the framework for
violations or breaches of contract in treaties. This applies to the question on
grounding in international law because it defines the areas of obligations and the
responsibilities of states. There is no universal concept of the rule of law but it is
instead referred to as a family of related concepts. 143
For example the Secretary-General Ban Ki-Moon describes the rule of law.
“It refers to a principle of governance in which all persons, institutions and
entities, public and private, including the head of state itself, are accountable
to laws that are publically promulgated, equally enforced and independently
adjudicated, and which are consistent with international human rights norms
and standards. It requires as well measures, to ensure adherence to the
principle of supremacy of law, equality before the law, accountability to the
law, fairness in the application of law, separation of powers, participation in
decision-making, legal certainty, avoidance of arbitrariness and procedural
and legal transparency”. 144
The Charter of the United Nations could be considered the ultimate rule of law for
states on international peace and security. The Charter not only is binding in regards
to international peace and security but it can also back these up with Security Council
decisions to enforce the duties in place. At the same time the International Court of
Justice Statute is as enforceable as the Charter itself because it was conjointly signed
by all members of the United Nations, It presents an ipso facto agreement of state’s
binding to international law in relation to violations and breaches between states
before the court. Each state that becomes a party to the Charter of the United Nations
also ipso facto becomes a party to the ICJ statute. The states acknowledge its binding
143 Levine, D. (2010). Rule of Law, Power distribution and the problem of faction in Conflict
Interventions. In M. Sellers, & T. Tomazewski, The Rule of Law in Comparative Perspective, Jus
gentium: Comparative perspectives on Law and Justice (p. 147). Found on Springer Science+
Business Media B.V. 2010 DOI 10.1007/978-­‐90-­‐481-­‐3749-­‐7_9 last accessed 22 nd September
2011
144 Ki Moon, B. (2004). Report of the Secretary-General on the Rule of Law and Transitional Justice
in Conflict and Post Conflict Societies. United Nations. (S/2004/616) para 6
57