One source of international law that is applicable to all countries is Customary International Law. Customary International Law evolves from the practice of States, and over a period of time, those practices become binding international laws that all nations must abide by. The Nuremberg International Military Tribunal that took place in 1945 and 1946 solidified the idea that “aggression” is an international crime, and thus assuring that aggression, also known as crimes against peace, is international law due to Customary International Law. As it is Customary International Law, all nations must abide by it, with or without any subsequent treaties. The Nuremberg International Military Tribunal describes aggression as: “To initiate a war of aggression, therefore, is not only an international crime; it is the supreme international crime differing only from other war crimes in that it contains within itself the accumulated evil of the whole.” The Nuremberg Trials further defined aggression as the following:
“(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).”
Treaties are another source of international law, which many times are just codifying Customary International Law. Article 2 of the Charter of the United Nations clearly states that “all Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.” The Charter of the United Nations is a binding treaty on all states who have ratified it and agree to be bound by it. Azerbaijan ratified and became bound to the Charter of the United Nations on March 2, 1992, and Turkey ratified and became bound to the Charter of the United Nations on October 24, 1945. Therefore, both countries must comply with all Articles, including Article 2.
Azerbaijan and Turkey have both violated Customary International Law, as well as the Charter of the United Nations by “planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances.” The information below exemplifies some of Azerbaijan’s and Turkey’s violations of this international law.
Planning and Preparing
Initiation or Waging of War of Aggression
Initiation or Waging of a War in Violation of International Treaties, Agreements, or Assurances
Who can hold Azerbaijan and Turkey responsible for violating these international laws? The International Court of Justice, an organ of the United Nations, enumerated four obligation erga omnes, one of the four being waging war of aggression. Obligation erga omnes, a category of certain Customary International Law, gives authority to any nation to seek redress for a violation. Any nation. In addition to Azerbaijan and Turkey’s violation of Customary International Law, they are also in violation of Article 2 of the Charter of the United Nations, thus in violation of the treaty. The 193 members of the Charter of the United Nations have all agreed to be bound by the treaty.
Raffi Tapanian
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