Trump and His Followers Imagine a Planet Devoid of International Law – But They Are Unlikely to Succeed

The year 1945 represented a crucial moment in international law, occurring alongside the establishment of the global organization and the Nuremberg Trials to probe atrocities carried out during World War II. After 80 years, several now claim that we are witnessing a time of profound change, advancing into a world lacking such rules.

Current Discussions on the Rules-Based Order

Earlier this year, a prominent economic journal released an opinion piece headlined “A World Without Rules.” This view was premised on two incidents: one involving a missile strike on a facility sheltering officials in the Middle Eastern nation, and additionally the violation of unmanned aircraft into Polish territorial skies. The publication stated that these moves ignore the established “rules-based order” and are producing “a form of chaos and a proliferation of violence.”

Some commentators have taken a more optimistic perspective. Previously, a history professor examined the “rules-based system” and challenged the position of individuals who support its ongoing relevance, characterizing it as “sentimental.” He stated that “brute force is being asserted everywhere we look,” and that world leaders are deliberately breaking the standards of the global system established after WWII. He cited a specific military action as evidence.

Previous Perspective on International Law

This represents certainly one view. However, is it true that “force is being used everywhere”? I question. Firstly, there is no novelty about “coercion.” Attacks against worldwide standards have been more or less continual since 1945. Well before recent conflicts, there were multiple examples of obvious breaches, including actions in different countries across different regions.

Are we witnessing the death of worldwide legal norms?

It is certainly widespread violations today, particularly in regarding certain rules of global governance. In light of current hostilities in several areas, it is difficult to contest with academics who assert that the defense of civilians under international humanitarian law is being “weakened to the point of threatening to lose all significance.” But, the reality that some rules are being disregarded does not mean that they vanish. The rules established in the Geneva conventions and their amendments on the protection of innocent people in war have not stopped to be relevant in the face of attacks in several regions of unrest.

The Continuing Importance of International Law

And while specific regulations are undoubtedly being violated, and severely, the overwhelming bulk of international law is still upheld and to work in a fashion that is completely operational. My rail travel from the UK capital to Paris and return was enabled by the application of a host of international treaties. So are the communications people make on cellphones, the foods I eat, and the medications are prescribed. Each part of our daily lives is informed by the writ of worldwide norms. It works behind the scenes – unseen, quietly, smoothly, successfully.

Within a post-rules world, you would expect global treaty negotiations to have stopped. However, this has not occurred. Lately, nations have agreed to negotiate a recent global agreement on the stopping and penalization of human rights violations, and they approved a new treaty to create the initial international tribunal on the offense of unprovoked attack since the historic tribunals, in concerning one nation's unauthorized takeover.

If we were in a post-rules world, you might also expect worldwide tribunals to be in a process of disintegration. It is true, a few courts have completed their mandates or collapsed, and some countries are exiting specific tribunals, but the numbers are few and far between.

The Strength of Global Institutions

Several of the additional courts and tribunals are busier than previously. The world court presently has 23 contentious cases on its docket, which is more than at any point in recent memory. The court's consultative role has drawn exceptional involvement in the past few years – dozens of countries participated in one set of advisory opinion proceedings that resulted in a ruling that a specific move was invalid. Moreover, lately, nearly a hundred countries participated in a different non-binding case on climate change. That constitutes the highest level of engagement in any case in the history of the judicial body.

I do not ignore the attack against sections of global norms that is ongoing from certain groups. As one author expresses it, the emerging ideological group of authoritarian leaders and online influencers has taken aim not just at lawyers, but at their rules and institutions, their judicial systems and their legal authorities, the post-1945 commitment to regulations on economic exchange, on the rights of citizens and collectives, and on the military action. If their efforts are victorious, he writes, “it will not only be the factions of jurists and bureaucrats that will be removed, but also free societies as we have experienced it until today.”

Present Struggles and Prospective Possibilities

It may seem alluring currently to reject the postwar agreement. As one leader has shown, a little bravado can permit you to avoid worldwide ecological conferences, or to initiate a approach of attacking suspected criminals in international waters. Yet these are not actions that will be {sustainable|vi

Jose Huynh
Jose Huynh

A technology strategist with over a decade of experience in digital innovation and business transformation, passionate about making tech accessible.