International Law, ‘Optional’ for Powerful States

UPSC Syllabus: Gs Paper 2- International Relations

Introduction

International law was developed through treaties, conventions, and institutions to replace power politics with a rules-based international order. Its effectiveness, however, depends on state consent and the ability to enforce legal obligations. In recent years, repeated violations of international norms, weak accountability, and ineffective enforcement have reduced its credibility. As powerful states increasingly ignore legal restraints without consequences, concerns are growing that power rather than principle is shaping international relations and weakening the global legal order.

Manifestations of the Erosion of International Law

1. Violation of Sovereignty and Territorial Integrity: The UN Charter prohibits the use of force against sovereign states. Russia’s invasion of Ukraine (2022) and the U.S.-Israeli war on Iran (2026) showed that powerful states can disregard this principle.
2. Growing Use of Unilateral Military Force: The 2003 Iraq invasion was conducted without Security Council authorization and later proved to be based on incorrect claims. More recent strikes against Iran have further weakened restrictions on unilateral use of force.
3. Violations of International Humanitarian Law: Military operations in Gaza and Lebanon have led to allegations of disproportionate force and large civilian casualties. Similar concerns have emerged in several conflict zones across the world.
4. Regional Breaches of International Norms: Türkiye’s actions in northern Syria, Azerbaijan’s use of force in Nagorno-Karabakh, and Ethiopia’s conduct in the Tigray conflict have raised questions about compliance with international rules.
5. Disregard for Maritime Law: The South China Sea has witnessed challenges to UNCLOS. China continues to enforce its “nine-dash line” claim despite its rejection by the Permanent Court of Arbitration in 2016.
6. Threats to Freedom of Navigation: Repeated tanker seizures, blockades, and restrictions in the Strait of Hormuz have undermined the principle of free navigation, which is vital for global trade and maritime stability.
7. Atrocities in Armed Conflicts: In Syria, chemical weapons, indiscriminate bombing, and siege tactics have been widely documented. In Yemen and Tigray, attacks on civilians and serious humanitarian abuses have also been reported.
8. Human Rights Treaty Violations: Allegations of crimes against humanity have emerged regarding civilian killings in Gaza and the treatment of Uyghurs in Xinjiang. Myanmar’s actions against the Rohingya have also led to genocide allegations.
9. Human Rights Concerns in Different Political Systems: The suppression of protests in Iran, torture during the U.S. “war on terror,” Australia’s offshore detention policies, and migrant pushbacks in Europe have raised legal and moral concerns.
10. Weakening Arms-Control Regimes: The collapse of the Intermediate-Range Nuclear Forces (INF) Treaty, erosion of the Open Skies Treaty, and uncertainty surrounding New START have revived fears of a new arms race.
11. Challenges to Nuclear Restraint: North Korea continues missile tests and nuclear development despite UN resolutions. Iran’s nuclear programme has reportedly accelerated after the weakening of the ( Joint Comprehensive Plan of Action) JCPOA.
12. Failures in Environmental Governance: States have struggled to meet commitments under the Paris Agreement. Rising emissions and missed climate targets have weakened confidence in international environmental law.
13. Environmental Norm Violations: Illegal deforestation in the Amazon and poorly regulated deep-sea mining threaten biodiversity and fragile marine ecosystems.

The Rise of Impunity in International Relations

1. Power Determines Legality: International law increasingly appears effective only when powerful states choose to follow it. Outcomes are often shaped by power rather than legal principles.
2. Impunity as a Common Pattern: The major concern is not only repeated violations but also the absence of consequences for those violations.
3. Powerful States Set the Wrong Example: When influential countries ignore legal obligations without punishment, they encourage similar behaviour by other states.
4. Norms Become Optional: International rules lose authority when states believe compliance is a matter of choice rather than obligation.
5. Decline of Collective Restraint: The post-war effort to restrain state behaviour through common rules is weakening as unilateral actions increase.
6. Revival of ‘Might is Right’ Thinking: The belief that strength determines outcomes is replacing the idea that disputes should be governed by law.
7. Return Towards International Anarchy: The weakening of legal restraints risks reversing progress made in creating a rules-based international order.

Why is International Law Losing Its Effectiveness?

1. Security Council Paralysis: Geopolitical rivalries have reduced the ability of the UN Security Council to respond collectively to major violations.
2. Limitations of the International Criminal Court (ICC) : The ICC faces accusations of bias and lacks jurisdiction over several major powers.
3. Weakness of Treaty Monitoring Bodies: Many treaty institutions depend largely on voluntary compliance rather than compulsory enforcement.
4. Gap Between Law and Power: States can often avoid legal consequences when they possess sufficient military, economic, or political influence.
5. Declining Credibility of Institutions: Repeated violations without accountability weaken confidence in international institutions and legal frameworks.
6. Erosion of Reciprocity: International law depends on mutual respect for rules. When some states ignore obligations, others become less willing to comply.

Consequences for Global Order and Human Security

1. Harder Resolution of Conflicts: Disputes become more difficult to settle when legal norms lose authority and trust declines.
2. Increased Civilian Suffering: Civilians bear the greatest burden when humanitarian rules are ignored during conflicts.
3. Weakening of Global Peace and Stability: Repeated violations undermine the stability that international law was designed to protect.
4. Degradation of Global Commons: Environmental damage and challenges to maritime rules threaten resources shared by all nations.
5. Loss of Trust Between States: Countries become less willing to cooperate when legal commitments are regularly ignored.
6. Growing Uncertainty in International Relations: States face greater insecurity when common rules no longer provide predictable behaviour.
7. Risk of a Law of the Jungle: The international system moves closer to one where power, rather than law, determines outcomes.
8. Costs for Both Weak and Strong States: The consequences of a weakened legal order ultimately affect all countries, not only weaker ones.

Conclusion

International law remains an important safeguard against conflict, instability, and disorder. Strengthening multilateral institutions, improving accountability, and ensuring greater respect for international norms are essential for preserving its credibility. Without effective enforcement and collective commitment, the international system risks moving away from a rules-based order towards one increasingly shaped by power and impunity.

Question for practice:

Discuss the major challenges facing international law in the contemporary world and their implications for the rules-based international order.

Source: The Hindu