But, of course, as demonstrated by the persistence of wars of aggression and massive violations of human rights, enforcing international law remains a major problem in the contemporary world.
Therefore, if the world is to move beyond national impunity--if it is finally to scrap the long and disgraceful tradition among nations of might makes right--it is necessary to empower the world's major international organizations to enforce the international law that nations have agreed to respect.
This strengthening of global governance is certainly possible.
Although provisions in the UN Charter make outright abolition of the UN Security Council veto very difficult, other means are available for reducing the veto's baneful effects. In many cases--including those of the Ukraine and Gaza conflicts--simply invoking Article 27(3) of the UN Charter would be sufficient, for it states that a party to a dispute before the Security Council shall abstain from voting in connection with that dispute. Furthermore, 124 UN nations have already endorsed a proposal for renunciation of the veto when taking action against genocide, crimes against humanity, and mass atrocities. Moreover, the UN General Assembly has occasionally employed "Uniting for Peace" resolutions to take action when the Security Council has failed to do so.
Improving the effectiveness of the international judicial system has also generated attention in recent years. The LAW Not War campaign, championed by organizations dedicated to improving global governance, advocates strengthening the International Court of Justice, principally by increasing the number of nations accepting the compulsory jurisdiction of the Court. Similarly, the Coalition for the International Criminal Court, representing numerous organizations, calls on all nations to ratify the Court's founding statute and, thereby, "expand the Court's reach and reduce the impunity gap".
National impunity is not inevitable, at least if people and governments of the world are willing to take the necessary actions. Are they? Or will they continue talking of a "rules-based international order" while they avoid enforcing the rules?
Lawrence S. Wittner (https://www.lawrenceswittner.com/ ) is Professor of History Emeritus at SUNY/Albany and the author of Confronting the Bomb (Stanford University Press).
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