The international rules-based order, once heralded as a beacon of hope, is now facing unprecedented challenges, threatening global justice and security.
The International Legal System Under Siege
International courts, including the International Criminal Court (ICC) and the International Court of Justice (ICJ), are grappling with a surge of cases involving alleged war crimes, genocide, and human rights violations. While legal action intensifies, activists express growing pessimism about holding perpetrators accountable due to the escalating geopolitical tensions and the erosion of the rules-based order.
The Rise and Fall of a Rules-Based Order
The post-Cold War era witnessed a promising shift towards a more peaceful and democratic world, characterized by open trade and a stronger emphasis on international law. However, this progress is now being reversed due to escalating geopolitical rivalries. Major players like Russia and China are openly challenging the established norms, while the United States, once a champion of the system, has faced criticism for its actions in the “war on terror” and its unwavering support for Israel in the recent Gaza conflict.
Defining the “Rules-Based International Order”
The term “rules-based international order,” often used by President Biden, has become a focal point of contention. While proponents view it as a system that upholds international laws, agreements, principles, and institutions to prevent conflict and protect human rights, critics argue that it serves as a guise for American dominance. The ongoing debate highlights the need for a clear and universally accepted definition of this concept.
The Fragility of International Law
The foundation of international law, built upon principles such as the UN Charter, the Universal Declaration of Human Rights, and the Geneva Conventions, is being tested. The absence of a global enforcement mechanism and the paralysis of the UN Security Council due to the veto power of its permanent members have further weakened the system.
The Role of International Courts
Despite these challenges, human rights lawyers are striving to preserve the integrity of international law through legal battles in various courts. The ICJ, acting as a civil court, addresses disputes between states and has jurisdiction over the Genocide Convention. The ICC, functioning as a criminal court, investigates individuals accused of war crimes, crimes against humanity, and genocide. However, the ICC’s jurisdiction is limited due to the non-participation of key countries like the United States, Russia, China, India, and Israel.
Recent Legal Developments
Recent legal actions include the ICC’s issuance of arrest warrants for Russian President Vladimir Putin and other officials for alleged war crimes in Ukraine. Ukraine has also accused Russia of abusing the Genocide Convention. Meanwhile, the ICJ is considering genocide charges against Israel following the conflict in Gaza. The European Court of Human Rights is also examining several cases related to Russia’s actions in Ukraine, including a claim for compensation.
The Future of International Justice
The effectiveness of international courts in holding powerful actors accountable remains uncertain. The absence of a global police force to enforce rulings and the politicization of international institutions pose significant challenges. However, the pursuit of justice through legal channels is essential for establishing a credible historical record of atrocities and potentially imposing reputational and economic costs on perpetrators.
Conclusion: A Pivotal Moment
The world is at a crossroads. The erosion of the rules-based order and the escalating geopolitical tensions threaten global peace and security. Upholding international law and ensuring accountability for violations is more critical than ever. The future of international justice hangs in the balance, and the actions taken now will shape the world for generations to come.
Sunil Garnayak is an expert in Indian news with extensive knowledge of the nation’s political, social, and economic landscape and international relations. With years of experience in journalism, Sunil delivers in-depth analysis and accurate reporting that keeps readers informed about the latest developments in India. His commitment to factual accuracy and nuanced storytelling ensures that his articles provide valuable insights into the country’s most pressing issues.
