The fall and fall of international law: A Chronicle from Covid to Palestine

The Covid pandemic and vaccine nationalism, Russo–Ukraine war, and the latest flare up between Israel and Palestine are dire symptoms of a failing international order which needs to be restored urgently, writes Raushan Tara Jaswal.

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AS a child, the idea of the United Nations, international law and international relations— all with the common goal of world peace— was fascinating to me.

Introduction to these concepts left an indelible imprint on my mind, fortified later by the writings of Khaled Hosseini, the Afghanistan and Syrian crises during my high school years, and the Rohingya crisis during my law school years.

These incidents motivated me to work in conflict-ridden situations, advocating for human rights, especially at the grassroots. As people tried to dissuade me from this ideal, I became more determined.

However, in the aftermath of a few recent incidents, the disillusionment with the efficacy of international law and organisations has grown more profound. These instances have ranged from the Covid pandemic, the Taliban gaining legitimacy in Afghanistan, the Russian invasion of Ukraine, and recently, the massacre of thousands of innocents in the Gaza Strip (Palestine).

The abject apathy of the international community is a jarring experience for a young, aspiring believer of international law and its apparent normative force, and the recent incidents are indicative of the demise of the importance of international law.

Lacking enforcement mechanisms, international law and institutions are at a moment of reckoning, especially in their inability to maintain global order and peace considering quantifiable 'kerfuffles' worldwide.

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A commonality runs through these incidents, which are sought to be examined through a critical lens and provide a viable, implementable solution. There needs to be a collective awakening that binds the international community, ideally that shocks the conscience of individuals, civil society and governments to the gross violation of human rights that leads to global change.

The unravelling threads

The Covid pandemic was a startling halt to the world as we knew it. With the national governments being a few steps behind the coronavirus and the havoc it wreaked, hope was pegged ardently on the World Health Organisation (WHO) to show the way.

However, WHO, too, was dominated by the novelty of the virus. This, coupled with the conflicting interests of various nations and the worldwide shutdown— disseminating information, collecting resources and mobilising governments to act accordingly proved arduous.

Not only did the WHO fail to garner consensus on the method to curtail the spread of the virus, but there was also a strategic undermining of the WHO's advisories and recommendations.

During this time, there was a rise of nationalistic politics worldwide, leading to the withholding of R&D information and vaccine hoarding. The intention was to 'protect their own', which often came at the cost of the population of other, more vulnerable nations as a direct threat to global solidarity.

With almost seven million deaths worldwide, Covid brought to the surface the lack of efficacy of international organisations, often devoid of enforcement or binding value.

No country for human rights: Afghanistan

While the world was reeling under Covid, simultaneously, another transition was happening in Afghanistan. Power in a country that has been suffering a long civil war and then an external war with multiple States (because of North Atlantic Treaty Organisation or NATO), changed hands and was restored to the Taliban in 2021.

There was a swift withdrawal of all foreign and allied powers and the withdrawal of all NATO forces and all deployed members of international organisations that were present in Afghanistan.

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The Taliban have since imposed a harsh interpretation of Sharia in the country. Apart from restrictions on women's rights, freedom of the media and freedom of expression and battling with a global pandemic, extreme poverty, inadequate food supply and lack of economic opportunities have made it incredibly hard for the nation to succeed.

As women's rights in public life were limited with restrictions on schooling and prohibition of participation in politics, other civil and political rights have also been stripped— especially on movement, dress code and work.

The gross violation of human rights in Afghanistan has been prevalent for decades with no resolution. At least earlier, the aim was to investigate and maintain the illusion of upholding human rights.

Now, the illusion stands shattered with the Taliban regime gaining legitimacy in international legal fora. With no measures of accountability in the domestic fora or international law, the women, minorities and dissenters in Afghanistan have been left to their own devices, highlighting a dire situation for the citizens of Afghanistan.

Ukraine: Toothless sanctions

The challenges of the Global South are often overlooked and undermined due to the lack of economic weight in the global economy. However, recently, this apathy has also been seen in the light of the Russian invasion of Ukraine.

The Russian aggression has continued for almost two years without any end in sight. With declarations of condemnation and a few economic sanctions, the international community has stood by watching the assault on the sovereignty and territorial integrity of Ukraine by Russia.

This war has seen some of the grossest violations of international law and international humanitarian law with absolutely no accountability. Despite the highest courts in the world— the International Court of Justice and International Criminal Court— ordering a halt in the Russian operations and the arrest of the Russian President, Vladimir Putin, and a general international consensus on the futility of this war, the war continues to rage on.

This showcases the failure of international law and institutions to effectuate real change at the grassroots. The counter-measures such as sanctions are red herrings considering the more than 30,000 deaths and counting.

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Ukraine, to date, has not been able to resume its daily life. In light of the Russian–Chinese cooperation and friendship and both enjoying the Veto Power in the United Nations Security Council (UNSC), any effective sanctions such as the deployment of armed forces by other nations on the ground under Article 2 (4) of the United Nations Charter (Charter) is impossible.

Palestine: Voyeurism over a genocide

Another blow to international law has come in the past month due to the escalation of the Middle Eastern crisis between Israel and Palestine. While the two have been historically at odds with one another, the coordinated attack on October 7 of this year by Hamas on Israel has led to an all-out offensive in the region.

Israel, in response to this attack, has claimed 'self-defence' under Article 51 of the UN Charter and has been responsible for more than 11,000 Palestinian deaths already, and counting.

Israel has used the aegis of the basic tenets of international law to justify its offensive. However, all is not what it seems. Political considerations aside, the Israeli Defence Forces (IDF) has committed gross violations of well-established principles of international human rights law, humanitarian law, criminal law, and customary international law in their attacks in the Gaza Strip.

The indiscriminate retaliation by Israel is against the doctrine of proportionality, an essential requirement for the exercise of self-defence under Article 51. The mass civilian casualties in Gaza are indicative of war crimes as well as crimes against humanity, as per the Rome Statute (criminal law).

Geneva Conventions (humanitarian law) also indicate in an international armed conflict, no harm shall be caused to civilians or civilian property, especially institutions such as hospitals.

However, claims of hospital bombings and civilian casualties, including more than 4,000 children, have raised serious questions about the IDF's indiscriminate attacks not toeing the international law line.

Israel has also cut water, power and fuel supply to the region and stopped most of the humanitarian aid (only 20 trucks of food and essential supplies were allowed), amounting to the collective punishment of 2.3 million people.

Both the Ukraine war and the current escalation between Israel and Palestine have polarised. In the absence of a consensus, the scope for international law to be effective falls flat on its face.

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However, there has been some traction in the International Criminal Court to declare the present ongoing attack as 'genocide', and proceedings are underway in the International Court of Justice.

With a lack of unanimity among the international community and a lack of ensuring enforcement, even if the court(s) declared a ceasefire or any other form of effective Order, its implementation would remain profoundly wanting.

Conclusion

These recent instances raise fundamental questions about international law and organisations' efficacy, use and importance. Riddled with the inefficacy of enforcement, claims of them often also being disproportionate to the Global South, 'veto power' of the Big-5 at the UNSC, inadequate representation of vulnerable communities, and international law in its present format may have run its course.

In light of the rise of unilateralism and nationalist politics and disregard for multilateralism, there is a dire need for peace, justice and collaboration worldwide.

As the world burns with different simultaneous crises, an urgent and unwavering need is felt for a renewed commitment to existing structures of international law.

With rising distrust in such institutions, multilateral cooperation and adherence to basic tenets of human rights need to be the call of the hour.

The respect for internationally recognised human rights would foster some change and solidify the needs of the international organisations for years to come.

It may even subvert calls for a new world war— the goal for which the United Nations was set up in the first place.