Guardian: Is International Law Dying? Enforcement Crisis

A Guardian article titled "Is International Law Dying?" analyzes the growing crisis in international law, highlighting the frustration of legal and state officials due to the inability of international institutions to enforce their rules.

This frustration is exemplified by the case of Ahmad Irfan Aslam, former minister of Pakistan, who expressed concerns about the situation in Kashmir and the potential collapse of the water agreement between India and Pakistan. He argues that institutions such as the International Court of Justice and the International Criminal Court (ICC) rely on the "good faith" of states, which has now been weakened.

The US withdrawal from multilateral institutions, the undermining of the ICC through sanctions, and the unilateral actions of countries such as Israel and Russia have led to the disregard or arbitrary interpretation of international rules. Many argue that international law is being instrumentalized to justify violations.

The ICC, despite expectations, has achieved only 11 convictions in 23 years, all for crimes in Africa, causing accusations of bias. Selective enforcement has led many states to challenge its jurisdiction.

Experts such as Professors Tladi and Hakimi emphasize that the problem lies in the political will of states and not in the law itself. Palestinian lawyer Raji Sourani argues that the failure lies in the unwillingness of the powerful to enforce the rules.

Climate change may offer an opportunity to renew international law, as many countries turn to the ICJ for legal answers to environmental issues.