The Role of International Law in a Changing World

Context: This editorial is based on the news “Why international law matters” which was published in the Hindu. This article highlights the effectiveness of and challenges faced by the international law in the context of recent wars observed in the World like Russia’s invasion of Ukraine, Israel’s actions in Gaza and other such actions. 

What are the Challenges of International Law?

• Enforcement Challenges: International law often lacks a strong enforcement mechanism. 
  • Example: The Syrian Civil War has seen numerous alleged violations of international law, including the use of chemical weapons, with limited ability for international bodies to intervene effectively.
• Selective Compliance: Some countries may choose to ignore international laws when it suits their interests. 
  • Example: The U.S. invasion of Iraq in 2003, widely viewed as a violation of international law, where a powerful nation acted against the principles of the UN Charter without facing direct legal consequences.
• Influence of Powerful Nations: International law can be disproportionately influenced by powerful countries. The permanent members of the UN Security Council (U.S., UK, France, Russia, China) have veto power, allowing them to block actions, even if these actions have global support.
  • Example: This challenge was evident in the multiple vetoes by Russia and China regarding the Syrian crisis.
• Lack of Universality: Not all international laws are universally accepted or applied. 
  • Example: The U.S. has not ratified the Rome Statute, which established the The International Criminal Court (ICC), limiting the court’s jurisdiction and undermining its global authority.
• Economic and Political Pressures: Sometimes, economic or political interests can overshadow legal principles. 
  • Example: The reluctance of international bodies to intervene in the Rwandan Genocide initially was partly due to geopolitical and economic interests, showing how legal and moral obligations can be sidelined.

Must Read: UNSC Reforms For A New Era; What The World Thinks

International Law and Its Significance in a World Affairs

• Holds Nations accountable for Violations: International law mechanisms like the International Court of Justice (ICJ) allow nations to challenge/question actions of other nations and seek accountability, even if enforcement is limited. 
  • Example: ICJ case filed by South Africa against Israel.
• Pushes Nations to explain/justify Conduct: Nations feel compelled to explain conduct inconsistencies with international law before global constituents, even if they claim compliance. 
  • Example:  Israel justifies Gaza strikes under international law. 
• Internalization through Domestic Law Systems: Domestic courts use international law to expand rights locally through interpretations even when not legislated.
  • Example: Various countries have used it for protection and conservation of Human Rights.
• Achieving Policy Goals requiring Global Cooperation: Issues like climate change and terrorism need a unified global framework requiring international law and institutions.
  • Example: The United Nations Global Counter-Terrorism Strategy and the United Nations Framework Convention on Climate Change (UNFCCC).
• Distinguishes between Power and Legitimate Authority: It gives the ability to assess whether exercise of power by nations is legitimate is the essence of law. International law provides mechanisms for this discourse.
  • Example: The United Nations General Assembly on human rights.
• Universal aspiration for Compliance: Though compliance is uneven, the value system underpinning international law represents universal aspirations that constrain state actions.
  • Example: The  general principles of law are good faith and the impartiality of judges. 
    • International tribunals rely on these principles when they cannot find authority in other sources of international law.

The Path Ahead to the International Law

Acknowledging that international law and its attendant structures are not ideal, however it is significant to recognize their value. The world would be worse off if they weren’t there. 

• International law must be molded and accentuated to become an instrument that holds the powerful accountable in international relations. 
  • The world needs more of fair international law to constrain expansionist, imperial, and illiberal propensities.

Must Read: Is the United Nations Toothless in Ending Wars?