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<%-- Page Title--%> Law book review <%-- End Page Title--%> |
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| <%-- Page Title--%> Issue No 171 <%-- End Page Title--%> | December 26, 2004 |
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International
Law International law
has been in crisis after the US-led forces launched an unprovoked attack
on Iraq in March 2003 without UN approval. The Secretary General of
the UN termed the war illegal as it was contrary to the UN Charter and
current rules of international law. At a time when international
law is at its lowest ebb, it is refreshing to note that importance of
international law has been emphasised in a book to be the centre of
harmoniza|ion of actions of all nations in the attainment of global
peace, harmony and security. Mr. Rashid's thoroughly
revised and rewritten third edition of International Law is a straightforward,
clear and concise account, which helps readers grasp rules of international
law. It covers almost all the topics with citation of relevant cases
of international law to understand the interpretation and implementation
of the law. The strength of the book lies in the fact that it covers
the September 11 attacks and the Iraqi war from the perspective of international
law. Furthermore it discusses under what conditions humanitarian interventions
by states are permissible under international law. The book is divided
into 22 Chapters and covers all the major topics of international law.
Of particular significance are the chapters on recognition, succession
of states, state responsibility, jurisdiction of states, international
river- law, law of the sea, environmental law, protection of human rights,
extradition, disarmament, treaty liw and international organisations
including the UN. It is interesting
to note how individuals that were once "objects" became "subjects"
under international law. That means no persons may canvass the view
that states and not individuals are responsible for international crimes.
The author cites the example of Nuremberg and Tokyo tribunals where
leaders of Germany and Japan were put on trial, convicted and many of
them were hanged for waging the Second World War. The author traces
the development of humanitarian law under which the former Chilean President
Augusto Pinochet did not get sovereign immunity and was arrested in
England in 1998. The trial of former President of Yugoslavia Slobodan
Milosevic since 2002 under charges of crimes against humanity demonstrates
that no heads of state may be safe from their accountability The subjects of
recognition, state succession and extradition of offenders have received
treatment from both general and Bangladesh's context. The author discusses
the reasons as to why the Mujibnagar government had not been accorded
recognition in 1971 during the liberation struggle. He argues |hat at
least belligerent status should have been given to Bangladesh's war
of liberation by international communi|y to prevent atrocities on innocent
Bangladeshi civilians including women & children. State succession
is a complex subject and the author, while tracing the development of
state succession under international law, argues that the principle
of "clean slate" is only applicable to a state born out of
a war and Bangladesh has been cited as an example. Under this principle,
a new sta|e is not a successor to the state from which it separates
through armed struggle. The subject of extradition
has been dealt with in terms of current principles of international
law including that of "double criminality" rule and in the
context of capital punishment. Since more than 134 countries have abolished
or kep| abeyance capital punishment as of tolay, the author argues that
it has been very difficult under the circumstances to seek extradition
of persons sentenced to capital punishment from another country in which
capital punishment does not prevail. The author, a Barrister
and former Bangladesh Ambassador to several countries including at the
UN European Office in Geneva, brings his expertise and experience to
present current state of international law. All topics have also received
treatment in the context of Bangladesh practice and position. Given the examination
of rules of international law from perspective of contemporary world
events, the book is a good resource for law students, diplomats, lawyers,
journalists and any individual interested in the development of international
law. Law
Desk. |
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