International Law in Contemporary Conflicts: UPSC Mains Notes

UPSC MainsGS Paper IIInternational Law & Relations

International Law in Contemporary Conflicts

πŸ“° The Israel-Iran war, Gaza proceedings at the ICJ and a stalled UN Security Council have reopened the debate on whether international law can still constrain state power.
Scales of justice and the United Nations emblem, representing international law under strain in contemporary conflicts
International law’s enforcement machinery is being tested by the Iran-Israel war, the Ukraine conflict and the ICJ’s Gaza proceedings.
UNCLOS Coverage
70% of Earth’s Surface
UN Charter Founded
1945
Geneva Conventions
1949 β€” Civilians & POWs
πŸ“°

International Law Under Scrutiny: News

  • The US-Israel-Iran war raised serious questions about international law’s enforcement capacity.
  • Iran’s nuclear facilities were struck without UN Security Council authorisation.
  • Russia’s continued Ukraine war despite UNGA resolutions exposed enforcement gaps in international law.
  • Israel’s Gaza operations triggered ICJ proceedings on genocide under the Genocide Convention.
πŸ“œ

International Law’s Continued Relevance

Normative Foundation

  • International law provides the only universally accepted normative framework for state behaviour.
  • The UN Charter (1945) remains the foundational document governing inter-state relations globally.
  • Without international law, “might is right” becomes the only operating principle in global affairs.
  • Even rule-breakers invoke legal justifications β€” demonstrating law’s normative hold on state behaviour.

Humanitarian Law

  • International Humanitarian Law (IHL) limits suffering even when wars cannot be prevented.
  • The Geneva Conventions (1949) protect civilians, prisoners and the wounded in armed conflict.
  • IHL violations increasingly face ICC prosecution, strengthening accountability over time.

Dispute Resolution

  • The International Court of Justice (ICJ) adjudicates inter-state disputes, providing a peaceful alternative to military confrontation.
  • The WTO Dispute Settlement Mechanism has resolved hundreds of trade disputes peacefully.
  • ITLOS and UNCLOS provide frameworks for maritime dispute resolution among nations.

Multilateral Treaties

  • The NPT, CTBT and Chemical Weapons Convention have significantly constrained WMD proliferation.
  • The Paris Agreement represents the broadest multilateral commitment to climate action globally.
  • UNCLOS governs 70% of the earth’s surface, providing legal order for maritime activities.
⚠️

Issues Arising in International Law’s Current Framework

  • P5 Veto Paralysis: The Security Council veto enables P5 members to block accountability for their own violations.
  • Selective Enforcement: Western states invoke international law against adversaries but exempt allies from identical scrutiny.
  • Non-State Actors: International law was designed for states and struggles to regulate non-state armed groups effectively.
  • Jurisdictional Gaps: The ICC cannot prosecute nationals of non-member states, including the US and Russia.
  • Cyber Warfare Vacuum: No binding international framework governs state-sponsored cyberattacks on critical infrastructure.
  • Economic Coercion: Unilateral sanctions imposed outside UNSC authorisation violate international law but face no enforcement.
  • Treaty Withdrawal: US withdrawal from JCPOA, Paris Agreement and Open Skies Treaty normalised unilateral treaty abandonment.
  • Space and AI Gaps: Outer space and AI-enabled warfare remain largely outside binding international legal frameworks.
🚨
Selective accountability: P5 members can block Security Council action against their own violations, while the ICC cannot prosecute nationals of non-member states such as the US and Russia β€” enforcement remains structurally selective, not universal.
🧭

Steps Required to Strengthen International Law

UNSC Reform
Expand the Security Council and restrict or eliminate the veto to improve accountability.
ICC Universality
Pressure major powers to ratify the Rome Statute, making the ICC truly universal.
Cyber Law Treaty
Negotiate a binding UN Convention on State Conduct in Cyberspace urgently.
Consistent Application
States must apply international law consistently regardless of ally or adversary status.
Non-State Actor Framework
Develop supplementary protocols extending IHL to non-state armed groups.
Enforcement Mechanisms
Strengthen economic and diplomatic consequences for clear international law violations.
India’s Role
India must champion multipolarity and a rules-based order at UNSC, G20 and multilateral forums.
International law does not guarantee peace, but it provides the vocabulary and framework for order. Its relevance lies not in perfect enforcement but in constraining the worst state behaviour β€” strengthening it is not idealism, but the only alternative to perpetual power politics.
πŸ“°
Source: The Hindu

This will close in 0 seconds

Scroll to Top