Scroll Top

EPLO is debating: Can International Law Still Speak with One Voice?

Yesterday afternoon, at the Geneva Press Club, a small gathering tried to do something the United Nations often fails to do: put two of its own worlds in the same room and ask why they barely speak to each other.
The event, hosted by the European Public Law Organisation, carried a title that sounded technical and a question that was not: *Strengthening international law through greater cooperation between the Human Rights Council and the UN General Assembly Fourth Committee. Can we repair the ‘disconnect’ between Geneva and New York?* Moderated by H.E. Ambassador George Papadatos of EPLO’s Geneva Office, the discussion did not stay inside institutional plumbing. It opened onto unfinished empires, contested nations, and the peculiar cruelty of a system that can name a violation in one city and forget it in another.
Geneva and New York are not merely two duty stations. They are two dialects of international law. Geneva, seat of the Human Rights Council, speaks the language of victims, special procedures, universal periodic review, and the slow accumulation of reports that civil society still treats as moral evidence. New York, through the General Assembly’s Fourth Committee — the Special Political and Decolonization Committee — speaks the language of territories, trusteeship’s afterlife, peacekeeping, and the unfinished business of 1960. One city inventories suffering. The other, in theory, decides who is still entitled to become a people. The disconnect between them is usually described as bureaucratic. It is more serious than that. It is a fracture in the idea that international law has a single subject: the human being who is also a political being.

Three voices made that fracture audible.
Sara Salyers, of Liberation Scotland, put on the table a claim that many diplomats would prefer to keep off it: that Scottish independence is not only a domestic constitutional quarrel, but a question the United Nations might still have to hear. Whether one accepts that framing or rejects it as historically overstretched, the provocation was useful. The UN’s decolonization architecture was built for a world of overseas empires, saltwater colonies, and flags lowered at midnight. It was not designed for unions, devolved parliaments, or nations that vote, lose, and keep arguing. Yet self-determination was never supposed to be a closed historical episode. If the Fourth Committee is only a museum of remaining Non-Self-Governing Territories, then the principle has been embalmed. If every secessionist claim can walk into New York as a colony, the Charter becomes a toolkit for disintegration. Salyers forced the room to sit in that contradiction. The UN cannot forever answer “too late” to some peoples and “too dangerous” to others without admitting that self-determination is now applied as politics, not as law.
Dr. Christophe Dorigné-Thomson, of the University of Indonesia, pulled the discussion east and backward — to British colonialism in Southeast Asia and to the long, unfinished work of becoming sovereign after empire. His presence mattered for more than regional expertise. Indonesia’s modern identity was forged in anti-colonial struggle and in the Bandung imagination of Asia and Africa as co-authors of a different international order. That history is not nostalgia. It is a reminder that independence was never a ceremony. It was a legal, economic, and psychological war against structures that outlived the governor’s mansion. Southeast Asian states did not merely “receive” sovereignty; they had to wrestle it out of commercial empires, racial hierarchies, and a world map drawn in European chancelleries. When those states look at today’s UN, they do not see a neutral court of humanity. They see an institution that still bears the fingerprints of the order they overthrew — and that still hesitates when new claims of peoplehood appear. Dorigné-Thomson’s line of argument, whether aimed at Malaya, the wider British imperial system, or the comparative politics of Afro-Asian solidarity, had a quiet implication: Geneva’s human rights vocabulary often arrives after the colonial wound has already been renamed “development,” “stability,” or “internal affair.”
Then Matilde Pacheco, a human rights defender, brought the conversation back to the present tense, where theory dies. She spoke of the difficulties UN structures face in resolving conflicts and humanitarian emergencies in Africa and Asia — which is to say, of a machine that can pass resolutions faster than it can keep people alive. Here the Geneva–New York split becomes almost obscene. A special rapporteur in Geneva can document starvation, bombardment, or the erasure of a minority. A Fourth Committee debate in New York can recycle the language of occupation, peacekeeping, and non-self-governing status. The Security Council, hovering above both, can do nothing. Victims do not live in “HRC time” or “C4 time.” They live in the gap between a finding and a consequence. In Africa and Asia especially, that gap has become a political fact: Mandates without protection. Humanitarian corridors that exist on paper. Emergencies that are “forgotten” not because they are small, but because they are inconvenient to the states that fund and veto the system. Pacheco’s subject was not cynicism. It was the operational truth that international law, divided against itself, becomes a vocabulary of concern rather than a structure of repair.
Taken together, the three interventions were not a random panel. They were three faces of one problem.
Salyers asked who still counts as a people. Dorigné-Thomson asked what empire left behind, and why the Global South’s memory of that theft still does not govern the institutions that claim universality. Pacheco asked why, even when the people are recognized and the history is known, the UN still cannot act as if either fact were binding. The disconnect between Geneva and New York is the institutional expression of that larger failure. Human rights without decolonization becomes charity. Decolonization without human rights becomes a flag over a ruined city. And both, without political will in New York, become literature.
Can the disconnect be repaired? Not with a joint communiqué. Diplomats already know how to agree that coordination is important. Repair would mean something ruder and more concrete: that a Human Rights Council finding on a people denied political existence should not die in a PDF while the Fourth Committee discusses other maps; that colonial history should not be treated as closed in New York and merely “contextual” in Geneva; that African and Asian emergencies should not be partitioned into a rights problem, a peacekeeping problem, and a humanitarian problem, each with its own budget and its own alibi. It would mean allowing civil society — the Liberation Scotlands, the defenders, the scholars of Bandung’s unfinished argument — to travel between the two cities as more than guests. The UN’s most honest interlocutors are often the ones with no vote.
There is a deeper discomfort the event only half named. International law likes to present itself as sequential: first sovereignty, then rights, then peace. The twentieth century taught the opposite lesson. Rights without a political community are petitions. Sovereignty without rights is a license. Peace without either is a ceasefire for cameras. Geneva and New York divided these tasks for reasons of history and bureaucratic convenience. The result is a system that can be eloquent in two places and impotent in both.
Yesterday’s discussion at the Press Club will not rewrite the Charter. It did something more modest and, in this climate, more necessary. It treated the UN not as a temple whose architecture is sacred, but as a broken circuit. Ambassador Papadatos’s question — can we repair the disconnect? — sounds like an invitation to better meetings. It is actually a test of whether international law still believes its own first sentence: that peoples, not only states, are present in the room.
If Geneva continues to hear the person and New York continues to hear only the member state, the disconnect is not a misunderstanding. It is a choice. And choices, unlike procedures, can be reversed — if anyone in either city is still willing to pay the political cost of making the law whole. 
By Ovidiu Stanica

Related Posts