Advancing the Rule of Law as part of the International Landscape

Public International Law Discussion Group (Part II)

The 21st century has seen significant progress and recent regression in terms of entrenchment of the rule of law. These developments have occurred not only in the domestic context but also within the international sphere. This presentation by Kimberly Prost will explore some of these ‘rule of law’ changes and challenges within the international legal order. The establishment of the international tribunals and the International Criminal Court represents a landmark advancement in terms of international criminal law and international humanitarian law. It also has contributed to establishing a rule of law culture. The background which led to the creation of these bodies will be explored along with consideration of the fundamental concepts underpinning them and an examination of the current key challenges to maintaining and strengthening these institutions and international criminal justice more broadly. There will also be a brief reflection on ‘law making’ by the Security Council and whether this constitutes an appropriate role for the Council in terms of progressing the rule of law. In particular resolutions 827 (1993) and 955 (1994) which established the ICTY and the ICTR, resolution 1373 (2001) related to measures to counter terrorism and resolutions 2178 (2014) and 2396 (2017) on Foreign Terrorist Fighters will be considered. Finally the presentation will explore the role of the Ombudsperson for the Security Council Al-Qaida Sanctions Committee and consider its successes and failures in terms of enhancing the rule of law in Security Council practice.