International Law Becoming “Optional” for Powerful States 

Context

The post-World War II international order was built on a network of laws, treaties, conventions, and institutions aimed at preventing conflict, protecting sovereignty, promoting human rights, and ensuring global cooperation. However, recent geopolitical developments indicate a growing tendency among both major and regional powers to disregard international law when it conflicts with their strategic interests.

Core Issue: The increasing gap between international legal norms and state behaviour is weakening the rules-based international order.

What is the Rules-Based International Order?

It refers to a system where states conduct their relations according to agreed international laws, treaties, norms, and institutions rather than through the unrestricted use of power.

Major Pillars

Objective

• Maintain international peace and security.
• Ensure predictability in international relations.
• Reduce conflicts through legal mechanisms.
• Promote accountability among states.

1:Increasing Violations of International Law

Why is it Significant?

Powerful countries are increasingly pursuing national interests irrespective of international legal constraints.

Examples

Russia

• Military invasion of Ukraine (2022).
• Widely viewed as violating principles of sovereignty and territorial integrity.

United States

• Invasion of Iraq (2003).
• Military strikes against Iran.

Israel

• Military operations in Gaza and Lebanon leading to legal debates regarding proportionality and civilian protection.

China

• Rejection of the 2016 South China Sea arbitration award under UNCLOS.

Regional Powers Also Involved

Key Takeaway

Nagorno-Karabakh has previously appeared in UPSC Prelims, making the region important from an examination perspective.

2: Growing Violations of Human Rights Norms

Human rights treaties are increasingly challenged by states across ideological systems.

Examples

Israel

• Allegations of indiscriminate civilian casualties in Gaza.

China

• Treatment of Uyghur Muslims in Xinjiang:
  • Mass detention
  • Forced labour allegations
  • Cultural restrictions

Myanmar

• Alleged atrocities against Rohingya and ethnic minorities.
• Genocide-related accusations.

Iran

• Suppression of protests following the death of Mahsa Amini.
• Allegations of torture and extrajudicial killings.

United States

• Torture allegations during the “War on Terror.”

Australia

• Offshore detention policies for asylum seekers.

European States

• Migrant pushbacks in the Mediterranean Sea.

Key Observation

Human rights violations are no longer confined to authoritarian regimes; democratic countries also face allegations of non-compliance.

3: Weakening of the Global Arms Control Regime

What is Arms Control?

Arms control refers to international agreements aimed at:

• Limiting weapon stockpiles.
• Preventing nuclear proliferation.
• Reducing risks of war.
• Building trust among states.

Signs of Erosion

1. Collapse of INF Treaty

• The Intermediate-Range Nuclear Forces Treaty ended, removing restrictions on certain missile systems.

2. Open Skies Treaty Weakening

• Reduced transparency regarding military activities.

3. Uncertainty Over New START

• The New START Treaty remains the last major bilateral nuclear arms-control agreement between the United States and Russia.

4. North Korea

• Continues missile and nuclear weapons testing despite UN sanctions.

5. Iran Nuclear Issue

• Weakening of the Joint Comprehensive Plan of Action has increased concerns over nuclear proliferation.

Consequences

• Renewed strategic competition.
• Nuclear modernization programmes.
• Higher risk of arms races.
• Increased global insecurity.

4: Enforcement and Accountability Vacuum

Why International Law is Struggling?

1. UN Security Council Paralysis

The United Nations Security Council often remains divided because of:

• Veto powers.
• Geopolitical rivalries.
• Great power competition.

2. Challenges Facing ICC

The International Criminal Court faces:

• Allegations of selective justice.
• Limited jurisdiction.
• Non-participation of some major powers.

3. Weak Treaty Enforcement

Many treaties rely on:

• Voluntary compliance.
• Political pressure.
• Diplomatic persuasion.

4. Absence of Coercive Mechanisms

International law lacks a centralized enforcement authority comparable to a national government.

Why is this Dangerous?

Shift from Rule of Law to Rule of Power

A growing perception is emerging that:

“Power determines legality rather than legality determining power.”

This can lead to:

• More conflicts.
• Erosion of trust in international institutions.
• Increased militarization.
• Declining effectiveness of global governance.

Implications for India

Challenges

• Weakening respect for sovereignty can affect India’s security interests.
• Maritime disputes and freedom of navigation issues impact Indian Ocean interests.
• Arms race dynamics may affect regional stability.

Opportunities

• India can project itself as a responsible stakeholder supporting:
  • International law.
  • Multilateralism.
  • Peaceful dispute resolution.
  • Reform of global institutions.

India consistently advocates:

• Respect for sovereignty and territorial integrity.
• Reformed multilateralism.
• Greater representation of developing countries in global governance.

Conclusion

“The crisis of international law today is not the absence of rules but the selective application of rules by powerful states.”

The growing disregard for international law by both major and regional powers reflects a transition toward a more fragmented and power-centric world order. Strengthening multilateral institutions, reforming enforcement mechanisms, and ensuring equal application of international norms remain essential for preserving global peace, stability, and the credibility of the rules-based international system.