Erosion of International Law
The article reflects on the current state of public international law, drawing parallels with Voltaire's critique of the Holy Roman Empire. It points out the deficiencies in international law, which is often neither truly public, reliably international, nor consistently enforced.
Limitations of International Law
- Public Aspect: Primarily concerns states, not private actors.
- International Aspect: Depends on the consent of sovereign states.
- Law Aspect: Enforcement is weak, with power often overriding principles.
Violation of Norms and Principles
The international community has established norms and treaties like the Hague Conventions, Geneva Conventions, UNCLOS, and human rights covenants to maintain global order.
- Use of Force: The UN Charter prohibits force and guarantees sovereignty, but breaches are frequent.
- Key Incidents:
- Russia's invasion of Ukraine (2022) and the US-Israeli war on Iran (2026) as stark breaches.
- The US's 2003 Iraq invasion without Security Council authorization.
- Continued Israeli military operations in Gaza and Lebanon.
- Türkiye's actions in Syria, Azerbaijan in Nagorno-Karabakh, and Ethiopia in Tigray.
Maritime Law Violations
- UNCLOS Breaches: Widespread disregard, notably in the South China Sea.
- China's Claims: Enforcement of the "nine-dash line" despite rejection by the Permanent Court of Arbitration.
- Strait of Hormuz: Incidents of blockades and tanker seizures by Iran and the US.
Humanitarian and Human Rights Violations
- Syrian Conflict: Assad regime's use of chemical weapons and indiscriminate bombing.
- Yemen and Ethiopia: Accusations of targeting civilians and using starvation as a weapon.
- Global Human Rights Issues:
- Israel's actions in Gaza.
- China's treatment of Uyghurs in Xinjiang.
- Myanmar's treatment of Rohingya.
- Iran's suppression of protests following Mahsa Amini's death.
- Democratic states' questionable practices, such as the US's torture cases and Australia's asylum seeker policies.
Weakened Arms-Control Regimes
- Key Treaties: Collapse of the INF Treaty, erosion of the Open Skies Treaty, and uncertainty about New START.
- North Korea and Iran: Defiance of UN resolutions and acceleration of nuclear programs.
Environmental Law Violations
- Paris Agreement Failures: Rising emissions and missed climate targets.
- Deforestation and Deep-Sea Mining: Violations of biodiversity norms and threats to marine ecosystems.
Consequences and Future Challenges
The erosion of international law leads to unresolved conflicts, civilian suffering, degraded global commons, and eroded trust among nations. Reaffirming the value of international law requires strengthening multilateral institutions, enhancing accountability, and fostering a political culture that values restraint.
