How Legal Rules Guard Against Modern Colonization

Uzone.id – The rule of law that protects against colonialism between countries is an important aspect of maintaining sovereignty and human rights. Thus, countries around the world continue to strive to protect themselves from colonialism and aggression between countries through various international legal rules.

The law has established strict rules that prohibit all forms of colonization between countries. This principle is enshrined in various international agreements and is the foundation for peaceful relations between countries.

To protect the sovereignty and integrity of a country from the practice of colonialism and foreign domination, various international legal rules have been designed to prevent colonialism or colonialism between countries. It includes several legal instruments formulated by the United Nations (UN) and related agencies, which affirm the basic principles of justice, territorial integrity, and human rights.

The Principles of International Law include:

1. National Sovereignty

Each country certainly has the right to regulate its own affairs without the interference of other countries. This principle is set out in Article 2 (1) of the UN Charter, which states that all UN members are equal sovereign states.

In addition, there is also Article 1 (2), which expressly states that one of the main objectives of the United Nations is to achieve international peace and take collective action to prevent and eliminate threats to peace, as well as to take other measures to achieve these things.

2. Prohibition of Aggression

Not only that, the UN Charter also prohibits the use of force or the threat of force against the territorial integrity or political independence of other countries in Article 2 (4). This is a strong legal basis to oppose colonialism.

3. Right to Self-Determination

International law also recognizes the right of every nation to determine its own destiny, which means that it has the right to choose its form of government and political status without any interference from other parties or external parties. Each country’s right to self-determination is known as the Declaration of Independence of All Nations and Peoples.

International Agreements

Not only complying with the rules of international law, countries are also bound by various international treaties that aim to prevent colonialism and aggression—for example, the Geneva Convention.

The Geneva Conventions are treaties that regulate the treatment of individuals in armed conflict and protect them from violence and inhumane treatment. Not only that, this convention also regulates explicitly the protection of war victims, including civilians who are in occupied territories.

International Court of Justice

In addition to the creation of international legal principles and international agreements, there are also international courts, such as the International Court of Justice. This international court plays an important role in resolving problems between countries and providing legal judgments on actions that are considered violations of international law. The International Court of Justice can decide cases related to security breaches and aggression.

Here, the International Court of Justice (ICJ) has considered sovereignty as an important cornerstone of international relations. It talks about the centrality of principles in defining what it means to be a ‘State’ in international law and the Westphalian international system. 

To respect the sovereignty of another territory, a country must respect its territorial integrity and political independence. It is therefore logical that all States have an interest in ensuring that such rights are respected and enforced, and therefore decolonization occurs.

In essence, international law has provided a strong foundation to protect state sovereignty and prevent colonialism between countries. However, efforts to enforce international law must continue to be carried out consistently and effectively. Cooperation between countries and the role of international organizations in maintaining world peace and security are needed. (Nurul Arifah)