International law is not failing, politicians are
In the media image: Tingey Injury on Unsplash
'It’s not international law that’s falling short, but states and politicians that ignore the rules,' says Larissa van den Herik, Professor of International Law, in NRC newspaper. She claims that the international legal order is damaged by selective compliance.
International law lays down clear rules on how to deal with criminal regimes. The United States has moved away from that system – from both its norms and its institutions. The system is weakened when major powers ignore the rules and other states follow their lead. It creates the impression that international law is failing, while in reality it is the states themselves that choose to set the law aside. Such behaviour undermines the credibility of a system in which the Netherlands, in particular, has a clear interest.
Van den Herik says that international law is especially important in a world marked by geopolitical instability – particularly for countries without significant military power. ‘Geopolitical interests actually underline the importance of law, rather than overriding it.’ When major powers fail to uphold international law, other states should strengthen that legal order instead of justifying its violations.
Allowing humanitarian interventions to protect populations in other countries has never been formally legalised. According to Van den Herik, this is because states simply do not want it to be. She points to the risk of abuse and wonders: ‘Is it really humanitarian to drop bombs on the very people you claim to be saving?’ The professor also observes that the concept of self‑defence continues to be expanded – for instance, by applying it to issues such as combating drug trafficking. ‘Stretching the concept of self‑defence even further undermines the very core of this right,’ Van den Herik says.
More information?
Read the full article in NRC (in Dutch)