Introduction: The Fragile Foundations of International Law
Nineteen forty-five marked a monumental shift in global governance, establishing key institutions designed to uphold international norms. As we find ourselves in what many perceive to be a chaotic departure from these principles, it's essential to reflect on the cyclical nature of international law's evolution.
Recent Developments: An Assault on Established Norms
The Financial Times recently highlighted alarming incidents that signal a troubling trend towards lawlessness—specifically citing Israel's missile strikes and incursive military actions involving Russian drones. These events are not mere anomalies; they illustrate a broader disregard for the established “rules-based order.”
“We are in a world in which some would like to strip back or do away with certain international rules.”
Competing Perspectives: Raw Power vs. Rule of Law
Critics like John Bew portray a shift towards a world dominated by raw power instead of legal frameworks. However, I contend that this narrative, while valid, oversimplifies a more complex reality where violations of international law have persisted since its inception. The chronicle of upheaval from Hungary to Iraq serves as a testament to the lawlessness that often coexists with the international order.
The Continuous Impact of Legal Standards
It is vital to note that despite significant infractions, the rules enshrined in documents like the 1949 Geneva Conventions remain functional. Everyday life, from telecommunications to international travel, is undergirded by these rules, actively shaping our experiences.
Ongoing Legal Initiatives: A Sign of Hope
Contrary to fears of stagnation or collapse in international lawmaking, recent developments tell a different story. The global community has rallied to negotiate a new UN convention focused on crimes against humanity, and for the first time since the Nuremberg Trials, a tribunal addressing the crime of aggression has been established in response to violations linked to Russia.
Conclusion: The Road Ahead
While the challenge to international law is real, it is not insurmountable. The historical patterns suggest that, following declarations of the end of certain norms, a reconstruction often emerges that integrates lessons from the past. My perspective is that we must remain vigilant yet hopeful; the evolution of international law is ongoing, and its foundations, although shaken, can endure.
Remembering Past Lessons
Figures like Trump embody a rugged individualism that may momentarily disrupt legal frameworks, as seen with his approach to international treaties and alliances. However, history reminds us that power without accountability inevitably leads to downfall.
- Philippe Sands serves as a professor of law at University College London.
- This piece is adapted from the 46th FA Mann Lecture, presented on November 18, 2025.
Source reference: https://www.theguardian.com/commentisfree/2025/nov/19/international-law-assault-rules-destruction-trump
