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International Law Needs International Enforcement

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Lawrence Wittner

Donald Trump's war of choice in the Middle East is but the latest indication that the system of international law-- which provides guidelines for the behavior of nations in world affairs-- is crumbling.

In the late nineteenth and twentieth centuries, after thousands of years of violent international conflict, efforts to establish global norms for nations in connection with war, diplomacy, economic relations, and human rights accelerated. These efforts resulted in the founding of the United Nations (which develops, codifies, and enforces international law), the International Court of Justice (which settles legal disputes among nations and provides advisory opinions on legal questions), and the International Criminal Court (which investigates and tries individuals charged with the gravest crimes of concern to the international community).

Of course, the current U.S. military attack on Iran flies in the face of the UN Charter, which, in Article 2, states that "all Members shall settle their international disputes by peaceful means" and that they "shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state." Furthermore, contemptuous of the United Nations, Trump has withdrawn the U.S. government from dozens of UN agencies and blocked the U.S. government's payment of billions of dollars in mandatory dues to the world organization.

Other nations are also clearly out of line with international law. The Russian government's over four years of war and occupation of Ukrainian territory are flagrant violations of the UN Charter, as attested to by a ruling of the International Court of Justice and numerous overwhelming condemnations by the UN General Assembly. The Israeli government is also a prominent transgressor, having joined the U.S. military assault on Iran and conducted an illegal occupation of conquered Palestinian territory for decades while violating international humanitarian law in its treatment of the civilian population.

Disgusted by the ability of these and other nations to act with impunity, Majed al-Ansari, Qatar's foreign policy advisor, remarked bitterly in 2025: "We are moving into a system where anybody can do whatever they like.... As long as you have the ability to wreak havoc, you can do it because no one will hold you accountable."

This lack of accountability is striking. Within nations, there is usually effective enforcement of law. But, on the global level, law enforcement is weak, indeed. When the International Criminal Court announced warrants for the arrests of Vladimir Putin and Benjamin Netanyahu for war crimes, a former Russian president threatened the judges with a hypersonic missile attack and the U.S. government imposed heavy sanctions on the judges. Meanwhile, Putin and Netanyahu remain at large.

Scornful of international law, some national officials openly champion a return to the traditional might-makes-right conduct of international affairs. "You can talk all you want about international niceties," sneered Stephen Miller, Trump's influential White House aide, "but we live in... the real world... that is governed by strength, that is governed by power. These are the iron laws of the world since the beginning of time."

Naturally, officials of nations that are militarily powerful find a power politics approach appealing, as do people with militarist and nationalist views. Trump recently announced: "I don't need international law."

Conversely, officials of less powerful nations are dismayed by the resurrection of a might-makes-right standard, as are people with peace-oriented and internationalist views. They argue that what the world needs is not the abandonment of international law, but its more effective enforcement. Furthermore, they contend that a return to great power imperialism in a world bristling with modern weapons, including nuclear weapons, is a recipe for catastrophe.

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Lawrence Wittner is Professor of History Emeritus at the State University of New York/Albany, where he taught courses on U.S. diplomatic history, international history, and social justice movements from 1974 to 2010. He taught in previous years at (more...)
 
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