Concerns Over Global Legal Order Amid Conflicts in Ukraine and Gaza

Concerns over the global legal order are escalating as conflicts in Ukraine and Gaza raise critical questions about international law. Oona Hathaway, the president-elect of the American Society of International Law, warns that the foundational prohibition on taking land by force is under unprecedented challenge.

Hathaway highlights the growing willingness of the U.S. government to delegitimize institutions it helped create, such as the International Court of Justice, or ICJ. She notes that while the ICJ's workload is increasing, compliance with its rulings has plummeted from 80% to around 50%.

This decline in compliance threatens the authority of the ICJ and, by extension, the entire international legal system. Hathaway emphasizes that a delegitimized court risks the collapse of the post-war legal order, which has been crucial in maintaining peace since 1945.

She proposes that a coalition of willing states is necessary to reinforce the ICJ and international criminal court decisions, suggesting measures like suspending states from UN committees for non-compliance.

Hathaway points to the erosion of civilian protections under international humanitarian law, arguing that definitions of civilian involvement in conflict have become dangerously ambiguous. She cites examples from Ukraine, where actions like downloading apps to monitor troop movements could classify civilians as participants in war.

This blurring of lines, along with the increasing targeting of dual-use facilities, undermines the protections that civilians historically enjoyed. Hathaway also reflects on a shifting perception of the U.S. in Europe, noting a growing realization that the U.S. can no longer be relied upon to uphold the international system.

She argues that international law, often seen as complex and esoteric, has significantly contributed to global peace, and warns that its deterioration could have devastating consequences. As the world watches the ongoing crises, Hathaway calls for urgent collective action to preserve the integrity of international law before it's too late.

The report underscores a critical moment in international relations, spotlighting the urgent need for a renewed commitment to uphold the principles that underlie global stability.