Answer

Introduction

International law was designed to create a rules-based order and restrain state power. However, recent conflicts reveal selective compliance and weak enforcement, raising concerns that powerful states increasingly treat international law as a tool of convenience.

International Law as an Instrument of Convenience

• Selective Compliance: Powerful states follow international law when beneficial but disregard it when strategic interests are involved.
  Eg: The 2003 Iraq invasion by the United States proceeded without explicit UNSC authorization despite the UN Charter framework. 
• Veto Politics: Permanent members of the UN Security Council can block action against themselves or allies.
  Eg: Repeated Russian vetoes on Ukraine-related resolutions and US vetoes on Gaza ceasefire resolutions have led to UNSC paralysis. 
• Weak Enforcement: International law lacks an effective coercive mechanism against major powers.
  Eg: Despite the ICJ’s provisional measures in the Gaza case, implementation depends largely on state compliance rather than enforceable sanctions. 
• Double Standards: Similar violations receive different responses depending on the country involved.
• Treaty Evasion: States selectively interpret or withdraw from legal commitments when inconvenient.
  Eg: The United States’ withdrawal from the Paris Agreement (2020) and later re-entry demonstrated how treaty commitments can be influenced by domestic political calculations. 

International Law as a Mechanism for Global Justice

• Conflict Restraint: Legal norms establish limits on warfare and protection of civilians.
  Eg: The Geneva Conventions (1949) regulate conduct during armed conflicts.
• Maritime Order: International law provides peaceful mechanisms for resolving maritime disputes.
  Eg: The UNCLOS, 1982 framework governs maritime boundaries and navigation rights.
• Human Rights: It protects individuals against state excesses and promotes universal rights.
  Eg: The Universal Declaration of Human Rights (UDHR, 1948) guides global human rights standards.
• Judicial Remedies: International courts provide forums for legal dispute settlement.
  Eg: The International Court of Justice (ICJ), established in 1945 under the UN Charter) adjudicates disputes between states. 
• Global Cooperation: International law enables collective action on shared challenges.
  Eg: The Paris Agreement (2015) provides a legal framework for climate cooperation.

Way Forward

• UNSC Reform: Make global governance more representative and reduce concentration of power.
  Eg: India’s long-standing demand for expansion of the Security Council.
• Veto Restraint: Restrict veto use in cases involving mass atrocities and humanitarian crises.
  Eg: Initiatives by several UN members advocating voluntary veto restraint.
• Stronger Enforcement: Enhance compliance mechanisms for international judicial decisions.
  Eg: Greater support for implementation of ICJ and international tribunal rulings.
• Uniform Standards: Ensure equal application of international law regardless of a state’s power.
  Eg: Consistent responses to violations of sovereignty and humanitarian law.
• Multilateral Renewal: Strengthen treaty-based institutions and collective diplomacy.
  Eg: India’s emphasis on a “rules-based international order” in forums such as the G20 and the United Nations.

Conclusion

Though imperfect, international law remains humanity’s best safeguard against global anarchy. Preserving its credibility requires consistent application, stronger institutions and equitable enforcement so that power is constrained by rules rather than rules shaped by power.

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