Relevance of international law- Why international law matters

Source: The post relevance of international law has been created, based on the article “Why international law matters” published in “The Hindu” on 10th January 2024.

UPSC Syllabus Topic: GS paper2- International relation- Important International institutions, agencies and fora, their structure, mandate.

News: The article discusses how, despite its flaws and challenges in enforcement, international law remains important. It highlights that international law helps hold powerful nations accountable for their actions, as seen in cases like Israel’s actions in Gaza and conflicts like the Russia-Ukraine war.

What is international law?

International law establishes the legal obligations of nations in their interactions with each other and in how they treat individuals within their own borders.

It covers many topics of global importance including human rights, disarmament, international criminal activities, refugee and migration issues, nationality concerns, prisoner treatment, the application of force, and wartime conduct.

Additionally, international law governs shared global resources, addressing environmental and sustainable development issues, international maritime areas, outer space, global communication networks, and international trade.

What is the relevance of international law?

Beyond Compliance: International law influences how national courts interpret their own laws. This aspect goes beyond just following rules, having a deeper impact.

Accountability: The law holds nations accountable. For instance, South Africa moved the International Court of Justice against Israel’s actions in Gaza, showcasing its role in challenging powerful countries.

Maintaining Balance: International law is crucial for maintaining a balance in international relations. It forces nations to justify their actions and works towards limiting power abuses.

What are the concerns related to international law?

Ineffective in Conflicts: Recent wars in Gaza and Ukraine raise concerns about international law’s effectiveness in preventing or stopping conflicts.

Structural Deficiencies: The law suffers from structural issues, including its imperial and colonial roots.

Lack of Enforcement Mechanism: Unlike domestic law, international law lacks a global police force, making enforcement challenging.

Selective Compliance: Nations often choose when to comply, questioning the law’s overall efficacy.

Limited Accountability Measures: While it aims to hold nations accountable, the actual process can be ineffective, as seen in the challenges of bringing powerful countries to justice in international forums.

Way forward

To improve international law, the focus should shift from just compliance to its broader impact on national courts and global norms. Enhancing its ability to hold powerful nations accountable, as seen in South Africa’s case against Israel, is crucial. Strengthening these aspects can make international law a more effective tool for maintaining balance in global relations.

Question for practice

Discuss the role of international law in holding powerful nations accountable for their actions, as illustrated by examples such as Israel’s actions in Gaza and the Russia-Ukraine war.