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Alexander, Atul
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Lack of ‘Will’ or ‘Options’: A Study on the International Court of Justice’s Tryst With Racial Discrimination Alexander, Atul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The practice of racial discrimination is detrimental to the international community’s interest. Therefore, efforts at the national and international levels to curb racial discrimination must be undertaken. The Convention on the Elimination of the Racial Discrimination (ICERD), 1969, is one such effort to curb the practice of racial discrimination. The mandate to interpret and settle disputes pertaining to racial discrimination is upon the Committee on the Elimination of Racial Discrimination (CERD). However, the CERD is endowed with functions with a limited mandate; therefore, since 2010, States have been increasingly taking recourse to inter-state dispute settlement mechanisms, i.e., the International Court of Justice (ICJ) on racial discrimination. To date, the ICJ has confronted ICERD in four contentious cases. Most of the previous research on the ICERD vis-à-vis ICJ relates to the discrete cases; however, this paper comprehensively evaluates the contribution of ICJ in interpreting the ICERD (in contentious cases). Albeit racial discrimination is one of the most heinous crimes that shakes the conscience of humanity, it is observed that the ICJ has offered chequered and circumscribed interpretation on ICERD, thus departing from ensuring ‘legal certainty’. This study also assumes significance as it sketches the ICJ’s attitude in dealing with human rights matters, transcending its pure traditional state-centric mandate.
Crisis and General International Law: Lessons from the Russia-Ukraine Conflict Alexander, Atul
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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The ongoing Russian aggression in eastern Ukraine has instilled fear in humanity, with concerns of a possible third world war. Furthermore, international law has been criticized for its lackadaisical role in halting the Russian aggression. The United Nations Security Council (UNSC) has not been able to pass a resounding resolution condemning the attacks. Although the United Nations General Assembly (UNGA) overwhelmingly adopted a resolution demanding that Russia immediately cease military operations in Ukraine, the resolution is not binding, despite being persuasive. This brief article highlights the structural crisis in general international law to effectively combat the tragedy unfolding in Ukraine. Some of the structural shortcomings studied include consent, veto, lack of accountability and flimsy sanctions regime. This paper is divided into two main themes. Firstly, it maps the structural crisis in general international law in the context of the ongoing Russia-Ukraine conflict. Secondly, it provides a possible solution to address these issues. A structural crisis refers to a simultaneous crisis in many fields of international law, or what might be called a generalized crisis. It is concluded that although general international law provides several avenues to overcome these structural crises, it has failed to deliver due to a lack of will from the States.
The International Court of Justice and Clean Hands Doctrine: Shifting Approach With Reference to the Certain Iranian Assets Case Alexander, Atul; Khanna, Tanay
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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States have often invoked the clean hands doctrine (CHD) before the International Court of Justice (ICJ). The prevailing practice among States is to invoke the CHD with the purpose of deeming the assertions of the opposing State as impermissible or challenging the jurisdiction of the court. While the ICJ has constantly refused to uphold any argument based on the CHD, there are judges whose individual opinions have upheld the validity of the CHD. A common trend that is witnessed in cases where the courts have agreed or rejected the applicability of the CHD is when the application is not based on any set parameters. There is no conclusive test for the application of the CHD. Moreover, the validity of the CHD is also questioned as it allows a State to commit internationally wrongful acts without any responsibility attached. This paper tries to give a new understanding of the CHD by laying down a concrete set of parameters that the ICJ should consider. It does so by taking into consideration the standards suggested for applying the CHD in the Certain Iranian Assets Case. Additionally, the paper explains why the application of the CHD is essential to uphold and respect the principles of State responsibility. It is thereafter concluded that since the traditional understanding of the CHD limited its application to the preliminary phase, the CHD needs to be shifted to the merits phase in light of the contours suggested by the authors. It should be noted that the paper is limited to the discussion of a test for the CHD and does not delve into the status or legality of the CHD on an international level.
Co-Authors Khanna, Tanay