Contemporary Crisis
- Russia’s invasion of Ukraine (2022) and the US-Israeli war on Iran (2026) stand as the starkest breaches of the UN Charter in decades.
- The 2003 Iraq invasion, undertaken without Security Council authorisation and justified on baseless grounds, set a dangerous precedent for future violations.
- China’s “nine-dash line” claim, rejected by the Permanent Court of Arbitration in 2016, continues to be enforced through militarised artificial islands.
- The pattern of violations is not confined to major powers like Türkiye, Azerbaijan and Ethiopia have also breached international norms.
Major Domains of International Law Under Threat
- Use of Force:
- The UN Charter’s prohibition on use of force and guarantee of territorial integrity is being repeatedly violated with impunity.
- The targeted killing of Iranian Supreme Leader Ali Khamenei and US-Israeli strikes on Iran raised serious questions about unilateral force.
- Maritime Law:
- China’s harassment of foreign vessels and coercive coast-guard tactics in the South China Sea violate UNCLOS provisions.
- The Strait of Hormuz has witnessed repeated blockades, tanker seizures and maritime interdictions without clear legal justification under UNCLOS.
- International Humanitarian Law:
- Syria’s use of chemical weapons, indiscriminate bombing and siege tactics have been extensively documented.
- In Yemen, Saudi-led coalition and Houthi rebels alike have been accused of targeting civilians, hospitals and critical infrastructure.
- Myanmar’s military junta has carried out systematic abuses against the Rohingya prompting genocide allegations.
- Human Rights:
- China’s treatment of Uyghurs in Xinjiang including mass detention, forced labour and cultural erasure has been described as crimes against humanity.
- Even democratic states have not been immune, the US torture during the war on terror and Europe’s pushbacks of migrants raise serious legal concerns.
- Arms Control:
- Collapse of the INF Treaty and erosion of the Open Skies Treaty have revived fears of a dangerous new arms race.
- Iran’s nuclear programme has accelerated following the unravelling of JCPOA, threatening decades of nuclear restraint.
- Environmental Law:
- States have consistently failed to meet Paris Agreement commitments with emissions rising and climate targets slipping out of reach.
- Illegal deforestation in the Amazon and unregulated deep-sea mining violate international norms on biodiversity and environmental protection.
Issues in Enforcement
- International law depends on consent, reciprocity and enforcement through collective mechanisms, all three are now weakening simultaneously.
- The UN Security Council is paralysed by geopolitical rivalries making collective action nearly impossible.
- The International Criminal Court faces accusations of bias and lacks jurisdiction over major powers.
- Treaty bodies rely on voluntary compliance leaving them powerless when states choose to defect from obligations.
Implications
- Global Order
- Thucydides’ observation that “the strong do what they can and the weak suffer what they must” thus resonates with unsettling clarity today.
- When powerful states violate norms without consequence, they signal to others that norms are optional and might is right.
- Conflicts become harder to resolve, civilians bear the brunt of violence and global commons are degraded.
- Trust between nations evaporates as states act as though power alone determines legality.
- India
- Blockade of the Strait of Hormuz directly threatens India’s energy security and trade routes.
- China’s UNCLOS violations in the South China Sea affect India’s maritime trade and Indo-Pacific strategic interests.
- Weakening of arms control regimes increases nuclear and missile proliferation risks in India’s neighbourhood.
- Erosion of the rules-based order reduces India’s ability to seek multilateral support on Kashmir and cross-border terrorism.
Way Forward
- Multilateral institutions including the UN must be reformed to reflect contemporary geopolitical realities and reduce Security Council paralysis.
- Accountability mechanisms of the ICC must be strengthened and extended to cover all states including major powers.
- States must cultivate a global political culture that prizes restraint and rule-based conduct over power-driven adventurism.
- International law must be recognised not as a panacea but as a framework of shared expectations guiding state behaviour.
- India must champion multilateralism and reformed global governance as a responsible and rising democratic power.
