Is Enforcement the Critical Weakness in International Law Essay

Is Enforcement the Critical Weakness in International Law - Essay Example Researches on the applicability of international laws reveal that the violation of international laws by states are more frequent than the violation of national law a trend largely attributable to the existing operational frameworks for the respective laws. Such validate the claim that enforcement is s the critical weakness in the application of international laws. Nations form treaties in order to safeguard their specific interests. In doing this they create institutions that oversee the applicability of the treaties and laws that govern the application of such treaties. Among the numerous international bodies that oversee the application of different international treaties, include the international court of justice and the international criminal court both of which are creations of the United Nations. The operations of the two courts have exhibited lack of resources and manipulation by members-states thus crippling their operations and sovereignty1. Membership in such internationa l treaties as the United Nations is always voluntary a feature that makes the compliance with the laws equally voluntary. Additionally, the United Nations has no definite framework that enforces the legislations. The application of the laws is therefore voluntary and subject to the existing relations between nations. National laws maintain a national jurisdiction; they safeguard the interests of the population and are therefore outlined in the constitutions. Besides the laws, governments have various police departments and effective infrastructure capable of implementing the laws. A country like the United States has several police departments and several other federal institutions that investigate and apprehend violators of the national laws. Coupled with the various police departments is an efficient judiciary that works in close relation with the numerous correctional facilities. This implies that the enforcement and the implementation of national are efficient owing to the exist ence of effective institutions created by the national constitutions. The national governments thus have an inclusive supervision and the implementation of national laws through effective enforcement through the various state officers who work to maintain law and order in the societies. The situation differs in the application of international laws, as explained international laws are reliant on the treaties that govern the relationship among nations. Such international bodies as the United Nations and the European Union have no enforcement frameworks capable of ensuring compliance o the international laws. Compliance to the laws is voluntary and reliant on the existing national laws. The United Nations for example has effective and elaborate laws that seek to safeguard the citizens of different nations from exploitation and dictatorship in the modern society. The international criminal court therefore investigates and tries offenders of international interests. The court and the Un ited Nations Security Council both have clear definitions of crimes against humanity and war crimes. The bodies thus try perpetrators of such crimes a move that seeks to protect civilians from exploitative leadership. Despite the existence of such elaborate laws, the international body exhibits inefficiency and lack of capacity in the implementation of the laws. The international bodies do not have police officers and investigators with the authority to arrest the criminals thus availing them for trial. Instead, the