Awn Al-Khasawneh Kicks Off the Ibn Al-Shaybani Lecture Series on International Law

In the presence of H.E. Dr. Hassan bin Lahdan Al-Muhannadi - President of the Supreme Judicial Council, ambassadors and representatives of various government sectors, QU Law hosted His Excellency Mr. Awn Al-Khasawneh - former Prime Minister of the Hashemite Kingdom of Jordan and former Vice-President of the International Court of Justice. His Excellency Mr. Al-Khasawneh delivered the inaugural lecture of the Ibn Al-Shaybani Lecture Series on International Law. The Ibn Al-Shaybani Lectures are organized in partnership with the International Law Association - Qatari Branch (ILA-Qatar). The inaugural lecture dealt with jurisprudence of the International Court of Justice and future of international dispute settlement.

In his opening speech, Dr. Talal Al-Emadi - Dean of QU Law, underscored the objectives of launching this annual lecture series, which include inter alia, the focus to discuss on developments in the international legal system from an Arab and Islamic perspective. He also stated that the current difficult circumstances and flagrant violations of international law, especially in Gaza, urge adherence to and application of the rules of international law, including the rules of State responsibility and dispute settlement.

His Excellency addressed a number of contemporary topics. The conversation began with the concept of self-defense in international law and its misuse by States, where His Excellency Explained that self-defense is not a justification for indiscriminate mass attacks and killing, and excessive use of force.

Regarding the settlement of international disputes, it is important to identify the method of the dispute settlement. For instance, His Excellency Mr. Al-Khasawneh referred to the issue of reservations to the compulsory jurisdiction of the International Court of Justice ("ICJ" or the "Court") under Article 36 of the Statute of the ICJ, citing previous cases in which he participated. His Excellency emphasized the dilemma of reservations and the efforts of States to avoid the Court's compulsory jurisdiction in some cases. Therefore, most of the cases before the Court are brought pursuant to compromissory clauses of international treaties or by agreement between States. His Excellency also referred to the phenomenon of non-appearance before the Court during oral proceedings, , pointing to the example of Russia's absence in the case brought against it by Ukraine. Furthermore, his comments focused on the improvement of procedural rules of international courts and tribunals, so that they can effectively perform their role in settling disputes between States

It is also worth noting that during his lecture, His Excellency Mr. Al-Khasawana, underlined the important role that shall be played, by regional organizations in the settlement of dispute between their Member States. He referred, for instance, to the League of Arab States, the Organization of Islamic Cooperation. and to the possibility of submitting disputes to specialized courts, in particular in the field of investment and arbitration.

Then, in an open discussion with Dr. Ioannis Konstantinidis - Assistant Professor of International Law at Qatar University, His Excellency touched upon the Court's jurisdiction to provide advisory opinions. In his discussion, he noted the spike in requests for advisory opinions to the Court, such as those relating to the Occupied Palestinian Territories and climate change.

He also spoke about the recent Provisional Measures Order issued by the Court in the South Africa v. Israel case pursuant to the Genocide Convention regarding the situation in Gaza.. In this regard, His Excellency expressed his concerns about the exclusion of an explicit reference to a ceasefire , while underlining that adherence to the Court's provisional Measures would practically lead to this, if the Order is implemented in good faith.

He concluded his speech by expressing his hope, despite his concerns about the current events encouraging researchers, practitioners and students to continue to study and develop the rules of international law.
The Ibn al-Shaybani Lecture Series on International Law aims to host on an annual basis leading public international law experts to engage with academics, scholars and policymakers in a dialogue focusing on contemporary issues of international law. The al-Shaybani Lectures seek to raise awareness of international law in the MENA region and to encourage the application and development of the rules of international law in the region and beyond.
For full recording of the 2024 lecture, please click here.