Observers of International Law
A law book without courts is useless. So is international law without observers.
The observer function operates alongside judicial institutions such as the International Court of Justice and the International Criminal Court. Reporting, documentation, adjudication, and where applicable criminal accountability together form the architecture that allows international law to function beyond aspiration. Observers preserve the evidentiary record. Courts clarify legal obligations and, where mandated, determine responsibility. Each element depends on the others.
The UN Charter, international law, and international humanitarian law only remain usable when conduct is observed, assessed against legal standards, and documented in public view. Without disciplined reporting and evidentiary records, legality becomes optional and accountability becomes a matter of narrative power.
The Geneva Charter of Sovereignty is explicitly supportive of the United Nations Charter and the sovereign equality of states. A UN-centered international order requires rules, and it also requires credible observer functions that keep those rules legible under pressure. Observers do not replace courts or political organs, but they make them possible by connecting facts to obligations and preserving continuity of the public record.
The Observer Function
International law is not self-executing. It becomes operational only when conduct is tested against shared legal standards and documented in a way that institutions, states, and the public can reference. Courts, UN bodies, and diplomatic processes depend on evidence and continuity. Without documentation, standards drift and enforcement weakens.
Observers preserve legal clarity under pressure. They keep the UN Charter, treaty obligations, international humanitarian law, the Geneva Conventions, the Genocide Convention, the Vienna Conventions, and other core instruments visible when the system is strained.
Enforcement and Accountability Architecture
Observation alone is not sufficient. International law operates through a broader enforcement architecture that includes judicial determination, political action, and public accountability. The International Court of Justice provides state-to-state adjudication and authoritative clarification of legal obligations. The International Criminal Court addresses individual criminal responsibility for the most serious international crimes.
The United Nations General Assembly and other UN organs play an additional role by articulating collective positions, reaffirming norms, and sustaining institutional continuity when consensus elsewhere is strained. These political mechanisms do not replace judicial institutions, but they reinforce the normative framework within which courts operate.
Finally, there exists what is sometimes described as the “court of opinion” – the realm of public record, civil society engagement, academic scrutiny, and media analysis. While not a formal tribunal, this sphere contributes to transparency and reputational accountability. Together, observers, courts, political organs, and public scrutiny form interdependent pillars in the functioning of the international legal system.
When scrutiny is attacked
In periods of heightened geopolitical tension, scrutiny itself can become politicised. A growing pattern has emerged in which independent reporting is publicly discredited, delegitimised, or dismissed without substantive legal engagement. Disagreement with findings is legitimate. Systematic erosion of the observer function is not.
When legal assessments are met primarily with attempts to discredit the messenger rather than address the underlying obligations, the system weakens in predictable ways: reduced adherence to the UN Charter, diminished respect for IHL and the Geneva Conventions, and weaker practical capacity to uphold the Genocide Convention and the Vienna Conventions.
Observers within the UN System
The UN Special Procedures system includes approximately sixty mandates, carried out by independent experts across thematic and country-specific areas. In addition to thematic mandates, there are country-specific mandates and mandate holders, country-focused independent experts, and working groups. Together, these mechanisms report on issues relating to adherence to international law across multiple domains. The examples below are illustrative within a broader institutional framework.
Francesca Albanese
UN Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967. The mandate examines adherence to international human rights law and international humanitarian law in a high-pressure and contested environment.
Michael Fakhri
UN Special Rapporteur on the Right to Food. The mandate assesses compliance with legal obligations related to access to food, particularly in contexts shaped by conflict, displacement, sanctions, or systemic deprivation.
George Katrougalos
Independent Expert on the Promotion of a Democratic and Equitable International Order. The mandate reports on how international conduct aligns with principles relating to legal equality, fairness, and a rules-based international system.
Graeme Reid
Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. The mandate documents patterns of violence and discrimination and reports on compliance gaps where legal protections are not upheld in practice.
Why This Matters for The Geneva Charter
The Geneva Charter treats sovereignty as dignity and responsibility. Independent observers and judicial institutions together preserve shared legal reference points under pressure by connecting conduct to obligations and evidence to institutional response.
A UN-centered international order must be preserved and strengthened. That requires principled texts, credible scrutiny, and functioning courts. Observers and judicial bodies form part of the operating system of international law.
