Journal of International Law

CONTROL OVER THE CRIME THEORY IN THE ROME STATUTE—CRITICAL ANALYSIS

Manan Iftikhar — 2024-12-31

The paper critically analyzes the Control Over the Crime theory under the Rome Statute, focusing on its application in holding high-ranking officials accountable for mass atrocities. Highlighting the Lubanga case, it examines the strengths, limitations, and critiques of this theory, including concerns about its status as customary international law and its reliance on the essential contribution standard. The article also explores modes like co-perpetration, indirect perpetration, and indirect co-perpetration to address hierarchical and organizational control. It argues for improvements to strengthen the theory, such as codifying “planning” as principal liability and adopting a cluster of factors approach. Ultimately, the study advocates refining this framework to enhance the International Criminal Court’s ability to prosecute leaders orchestrating crimes remotely.

EXPLORING REGIONAL CO-OPERATION IN THE AREA OF LEGAL EDUCATION

Dr. Geeta Oberoi — 2024-12-31

Technology has rendered physical borders meaningless, and consumers of justice are no longer keen on adhering to the barriers created by the political masters for their governance. They want to move to a forum where they will be heard, cared for and provided free access to justice. They are keen to resolve their disputes in time with logical, legal, and scientific precision. Globalization and technology have created a new world that is open and borderless. In this new world, it becomes all the more important to explore the possibilities of designing a regional-level legal education discourse that allows citizens to earn their legal education degree and simultaneously practice in multiple jurisdictions. European Union has already taken steps to promote regional-level legal education discourse, and it is high time that such regional-level experiments in South Asian countries are also attempted. To begin with, countries that are part of the (South Asian Association for Regional Cooperation (henceforth SAARC) block can, through their common university SAU (South Asian University), take steps to introduce regional-level legal education discourse leading to the award of the degree to practice law at every jurisdiction within the SAARC. This article explores the benefit of such regional legal education discourse for consumers of justice in the SAARC block who share common legal traditions and cultures and who have, in the past, shared a common colonial legacy.

FROM RHETORIC TO REALPOLITIK: THE IRAQ WAR, U.S. PSEUDO-INTERVENTIONISM, AND INTERNATIONAL LAW

Muhammad Shahbaz Rajper — 2024-12-31

The study deconstructs the commonly accepted narratives that portrayed the United States’ intervention in Iraq as a reaction to the security threats and a mission to establish democracy and protect human rights. The research highlights the significant role of oil interests and the pressure from the Israeli lobby in the U.S. during the Iraq War. Using a realpolitik perspective, it examines several secondary sources, including official statements, surveys, research papers, and scholarly discussions, to analyse the rational interests of the U.S. By using a postmodernist approach, the process incorporates qualitative analysis, deconstructing the popular discourses of the Iraq War. The research results demonstrate an intricate interaction between economic and political goals that largely deviate from publicly declared security and humanitarian concerns. Regarding International law, the U.S. intervention with the UN opposition was justified by the Bush administration as an attempt for preemptive self-defence and humanitarian intervention. Whereas, by deconstructing such discourses from the perspective of international law and realpolitik, it is evident that it was more inclined towards U.S. strategic interests rather than the legal norms. This highlights the concept of pseudo-interventionism as a disguise, accomplishing their rational motives in Iraq. The study enhances the understanding of International relations, International law and US foreign policy, specifically in Middle Eastern geopolitics, by examining the connection between economic and political interests, legal norms and institutions, and foreign policy.

ANALYSING RUSSIAN CYBER-WARFARE AND LEGAL FRAMEWORKS IN THE CONTEXT OF UNITED STATES ELECTIONS 2016

Seerat Fatima — 2024-12-31

This paper explores the evolving nature of warfare in the 21st century and its impact on international law. While violence has always been a part of the anarchic international system, technological advancements have continually reshaped warfare. The integration of Information and Communication Technologies (ICTs) has introduced digital infrastructure, allowing states to engage in unconventional warfare to protect their national interests. The alleged Russian interference in the 2016 U.S. elections exemplifies this new form of conflict, challenging the traditional frameworks of international law. This incident has raised concerns about the ability of existing legal structures to address the emerging threats posed by cyber and information warfare. The study argues that to effectively regulate state behaviour and respond to contemporary challenges; international law must evolve alongside technological advancements or risk becoming inadequate in the face of modern geopolitical struggles.

LITIGIOUS CONCERNS RELATED TO IRAN-PAKISTAN-INDIA GAS PIPELINE

Professor Dr. Raja Amir Hanif — 2024-12-31

The (IPI) Iran-Pakistan-India gas pipeline project, revived in the upshot of the nuclear deal with P5+1 nations and Iran, pursues to direct Pakistan's mounting energy demands and boost bilateral trade interactions. India and Pakistan are in dire need of resources for energy consumption in agriculture, manufacturing, industry and domestic use; IPI can become an economic engine to boost growth and lead South and East Asia towards the course of development. The presence of an already constructed portion of the pipeline in Iran would be a resource loss if Pakistan and India follow the U.S. and Saudi-Arabia instructions. Though, the project is entwined in a complicated web of geopolitical, authorised, and economic encounters, incorporating global restrictions, bilateral disagreements over pricing, defence risks, and monetary constraints. This study gravely examines the litigious concerns about the IPI gas pipeline and gives a valuable recommendation for its prosperous execution. Directing the niceties of global sanctions, county conflicts, and economic restrictions, the IPI gas pipeline signifies a nuanced connection of economic benefits and geopolitical subtleties, dictating a detailed understanding for projecting a feasible path concerning project recognition.