Kinneging: ‘Power, not law, determines the outcome’
In the media image: Benjamin Smith on Unsplash
International law experts have voiced concerns about the recent attack on Iran. Legal philosopher Andreas Kinneging expressed a different perspective in an interview with ‘Trouw’ newspaper: 'In times of crisis, the best in people comes out.'
The attack by the United States and Israel on Iran represents a break with the international legal order. Without approval from the United Nations, Donald Trump and Benjamin Netanyahu sent their armed forces into a sovereign country and wiped out the entire leadership. Several experts warn that such actions may mark a tipping point and fear that international rules and institutions will be further undermined as a result. Kinneging sees it differently: ‘You don’t have to abandon morality altogether, but you do need to recognise that achieving what is right is only possible through power.’
According to the professor, international law has its origins in 19th century international law, which was based on national sovereignty and the principle of non-intervention. In modern geopolitical reality, however, that model is increasingly under pressure. The rise of major powers and the development of nuclear weapons have fundamentally changed international relations.
Kinneging assesses the current war from that perspective. He argues that military intervention can, under certain circumstances, be morally justified. 'I do consider this war to be a just one: it serves the common good, prevents an unlawful attack by Iran, and is undertaken with the right intentions. The intervention in Iran has a strong moral dimension – just think of the liberation of the Iranian people.' The professor therefore does not fear that the erosion of international law will lead the world into a 'moral abyss': 'In times of crisis, the best in people comes out. I remain hopeful.'
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Read the full article in Trouw (€, in Dutch)