Paper: GS – II, Subject: International Relations, Topic: Global Issues, Issue: Geopolitical Tensions impact International Law.
Context:
Rising geopolitical tensions U.S.-Iran conflicts, Russian invasion of Ukraine (2022), Israel’s military actions in Gaza, and Trump’s presidency have sparked debate about international law’s utility.
- Some scholars foresee a norm-free world, pointing to institutional withdrawals, unilateral military actions, and a perceived rupture in the global order.
Key Takeaways:
The Prohibition on the Use of Force: Crisis or Collapse?
- A foundational pillar of modern international law is the prohibition on the threat or use of force under Article 2(4) of the United Nations Charter.
- Recent violations have intensified doubts about its survival; however, repeated breaches do not signify legal extinction.
- During the Cold War, similar concerns emerged amid widespread armed conflicts.
- Wars in Afghanistan, the Falklands, the Gulf, Bosnia, Kosovo, Iraq, Syria, and Libya severely strained the prohibition on force.
- The norm persists as the only framework for holding powerful states accountable
Qualitative Shift in Breach Patterns:
- Historically, powerful states justified military actions using international law frameworks (e.g., U.S. expanded self-defence interpretations in 1990s-2000s)
- Today’s populist-authoritarian regimes show brazenness: minimal attempt to justify actions legally (e.g., U.S. insistence on Venezuelan oil)
- Rising authoritarianism, not military strikes themselves, poses the greatest threat to international law
Concerns:
- Authoritarian regimes increasingly disregard legal justifications for actions
- Media focus on high-profile breaches obscures silent, effective functioning of international law
- Risk that pronouncing international law “dead” legitimises further violations by global powers
International law endures as a dynamic, resilient system despite challenging periods concerning the prohibition on force. Its expanding scope across trade, environment, and human rights domains, alongside active international courts, affirms its structural importance.
Source: (The Hindu)
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