The collapse of good conscience and the absence of accountability and public scrutiny have led to crimes against humanity and violations of international law.
-Nelson Mandela
In the contemporary era, all states including great powers have an urge to justify their conduct according to the established norms and legal rules. My article will focus on the extent to which the states comply and the reason for such compliance with special reference to case of Kulbhushan Yadav an Indian National who was arrested on grounds of espionage at Balochistan, Pakistan on 3rd March 2016.
It is evident that the extent to which various states track their international obligation has been evolving over the past 400 years now. Tracing back to the history, accepted norms and international obligations was founded tracing two key developments in the European history.
The Treaty of Westphalia, 1648 ended the thirty years war by recognizing the authority of European princes. This event was the magna carta of traditional international law which was formally based on the principles of territorial and state autonomy.
Then with various major wars that took birth in Europe during 1945, the start started amalgamating on a global scale. With this, the United Nations Charter emerged as an international framework where norms of non intervention and sovereignity were enshrined.
Today as a result of modernization, transport, communication, modern technology and more has evolved in the process of Globalization. Now, “The internationalization of the world”, has provided a predominant opportunity for international law and it has been an accepted norm to reach every nook and corner of the world.
My article will relate to the history and development of international law and the skepticism to comply or not to comply with special reference to the case of Kulbhushan Yadav.
