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THIS week, the Secretary-General of the United Nations, Ant?nio Guterres, presented a public lecture at Hamad Bin Khalifa University (HBKU) during which he underscored the need for multilateralism to address today’s global challenges. The occasion enabled us to reflect on the contributions of the United Nations to international law, particularly within the context of the ongoing blockade against Qatar by Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt.
After the horrors of World War II, various countries came together in 1945 and established the United Nations. One of the UN’s purposes, as reflected in Article 1 of the UN Charter, is the peaceful settlement of international disputes “in conformity with the principles of justice and international law.” Additionally, Article 1 affirmed the member nations’ commitment to achieve international cooperation “in promoting and encouraging respect for human rights.”
Qatar acceded to the UN Charter, and became a member of the United Nations in 1971.
The UN Charter established the foundation for the organisation to develop treaties - agreements between countries. Numerous UN treaties are now in force, including nine core UN international human rights instruments. The latter define a nation’s human rights obligations, typically as to individuals in the territory or under the jurisdiction of the country, and create means to monitor compliance and – perhaps - resolve disputes under the treaty. Qatar is a party to a number of treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), as are the blockading countries.
Secondly, the UN Charter enabled the UN to have specialised agencies such as the International Civil Aviation Organization (ICAO) to oversee international air transportation. The ICAO Council resolves complaints relating to various aviation treaties, to which many countries, including Qatar and the blockading countries in certain instances, are parties.
Thirdly, the UN Charter created the UN’s principal judicial organ, the International Court of Justice (ICJ) in The Hague, to resolve disputes between countries based on their consent.
In response to the June 2017 blockade, Qatar has embraced the UN’s international law machinery, filing a case before the ICJ, alleging that the UAE violated ICERD in expelling Qataris from their territory. On July 23, 2018, the ICJ issued provisional measures in Qatar’s favour, and the case is ongoing.
Furthermore, on March 8, 2018, Qatar filed communications against Saudi Arabia and the UAE for non-compliance under ICERD before the UN committee overseeing ICERD.
In addition, Qatar has filed complaints against respective blockade countries before the ICAO Council for violations of air treaties. The ICAO Council rejected preliminary challenges to Qatar’s complaints, and the blockading countries are now appealing the ICAO Council decisions to the ICJ.
Although predicting the results of these actions is difficult, Qatar’s elected law-based response to the blockade comports with the letter and spirit of Article 1 of the UN Charter, and speaks volumes about the nation’s dedication to – and respect for - international law.
(Susan L Karamanian is Dean of College of Law and Public Policy at Hamad Bin Khalifa University, and was Vice President of the American Society of International Law, 1996-1998.)
After the horrors of World War II, various countries came together in 1945 and established the United Nations. One of the UN’s purposes, as reflected in Article 1 of the UN Charter, is the peaceful settlement of international disputes “in conformity with the principles of justice and international law.” Additionally, Article 1 affirmed the member nations’ commitment to achieve international cooperation “in promoting and encouraging respect for human rights.”
Qatar acceded to the UN Charter, and became a member of the United Nations in 1971.
The UN Charter established the foundation for the organisation to develop treaties - agreements between countries. Numerous UN treaties are now in force, including nine core UN international human rights instruments. The latter define a nation’s human rights obligations, typically as to individuals in the territory or under the jurisdiction of the country, and create means to monitor compliance and – perhaps - resolve disputes under the treaty. Qatar is a party to a number of treaties, including the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), as are the blockading countries.
Secondly, the UN Charter enabled the UN to have specialised agencies such as the International Civil Aviation Organization (ICAO) to oversee international air transportation. The ICAO Council resolves complaints relating to various aviation treaties, to which many countries, including Qatar and the blockading countries in certain instances, are parties.
Thirdly, the UN Charter created the UN’s principal judicial organ, the International Court of Justice (ICJ) in The Hague, to resolve disputes between countries based on their consent.
In response to the June 2017 blockade, Qatar has embraced the UN’s international law machinery, filing a case before the ICJ, alleging that the UAE violated ICERD in expelling Qataris from their territory. On July 23, 2018, the ICJ issued provisional measures in Qatar’s favour, and the case is ongoing.
Furthermore, on March 8, 2018, Qatar filed communications against Saudi Arabia and the UAE for non-compliance under ICERD before the UN committee overseeing ICERD.
In addition, Qatar has filed complaints against respective blockade countries before the ICAO Council for violations of air treaties. The ICAO Council rejected preliminary challenges to Qatar’s complaints, and the blockading countries are now appealing the ICAO Council decisions to the ICJ.
Although predicting the results of these actions is difficult, Qatar’s elected law-based response to the blockade comports with the letter and spirit of Article 1 of the UN Charter, and speaks volumes about the nation’s dedication to – and respect for - international law.
(Susan L Karamanian is Dean of College of Law and Public Policy at Hamad Bin Khalifa University, and was Vice President of the American Society of International Law, 1996-1998.)
