Introduction:
International law is meant to ensure sovereign equality, peaceful dispute settlement, human rights protection and restraint in the use of force. However, selective application by powerful states has weakened faith in the fairness and neutrality of the rules-based international order.
Body:
How selective application weakens credibility:
- Erodes sovereign equality: Powerful states often violate sovereignty or support interventions while expecting strict compliance from weaker states.
- Weakens the UN system: The veto power of permanent members in the UNSC often prevents action against themselves or their allies.
- Creates double standards: Similar violations of humanitarian law or human rights are condemned in some cases but ignored in others.
- Reduces trust of the Global South: Developing countries see international law as being used selectively to discipline weaker states while protecting powerful interests.
- Encourages rule-breaking: When major powers face no consequences, other states also feel less bound by international norms.
However, international law still remains important:
- Institutions like the ICJ, ICC, WTO and UNCLOS tribunals continue to influence state behaviour.
- Even powerful states justify their actions in legal terms, showing that international law still carries legitimacy.
- International law provides weaker states a platform to raise disputes and seek global support.
Way Forward:
- Reform the UNSC to make it more representative and less paralysed by veto politics.
- Apply humanitarian law and human rights standards uniformly.
- Strengthen international courts and dispute settlement mechanisms.
- Give greater voice to the Global South in global rule-making.
Conclusion:
Selective use of international law has weakened the credibility of the rules-based order, but it has not made international law irrelevant. The need is to democratise global institutions and ensure that rules apply equally to all states, irrespective of power.
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