International Law in the 20th Century History

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Table of Contents

Introduction
Two Major Attributes of International Law
The Challenge to International Law
A Practical View of International Law and International Relations
Conclusion
References

Introduction

Those who are not a part of a nation’s foreign service or diplomatic corps may wonder about the importance of international law. The query about the significance of international law about global politics and contemporary issues is a legitimate question. A rightful answer is possible after examining the question in light of 20th-century events and how the application of international law affected the lives of people in different parts of the world.

Two Major Attributes of International Law

There is no need for a complicated and theoretical assessment of the technical components of international law to appreciate its positive impact in modern human history. It is possible to have a positive appreciation of the said legal framework by simply looking at two major attributes associated with the formulation and implementation of international law. The first major attribute is manifested through an ancient philosopher’s musings as to how men ought to behave. Writing almost two thousand years before the establishment of the United Nations, Cicero penned the following words: “We are obliged to respect, defend, and maintain the common bonds of union and fellowship that exist among all members of the human race” (Breau, 2016, p.1). Legal experts point to Cicero’s words as one of the pillars of international law, reminding and compelling statesmen and courts regarding the international responsibility of all nations to act, when a certain population of men, women, and children are suffering as the result of crimes against humanity, ethnic cleansing, and war crimes (Breau, 2016).

The second major attribute of international law is manifested in the creation of powerful organizations and associations like the United Nations and the International Court of Justice that serve as mechanisms in preventing the onset of global warfare. Gone are the glory days of ancient and medieval conflicts when the absence of effective mediation systems and the threat of international backlash against a power-hungry state made it convenient for dictators and mad kings to disrespect boundaries and the rights of people to live free from fear and torment (Armstrong, Farrell, & Lambert, 2012). As a result, the existence and implementation of international law disincentivize the use of force to resolve territorial disputes or economic issues.

The Challenge to International Law

It is not a perfect world, and therefore, criticisms regarding the practical value of international law abound in broadcast media and legal literature (Armstrong et al., 2012). A review of historical events that transpired after the creation of the United Nations and the International Court of Justice is the natural and expected counter-argument from those unwilling to acknowledge the value of international law. An overview of popular cases linked to crimes against humanity and ethnic cleansing tends to support the negative assertion against international law.

Critics recall Rwanda’s ethnic cleansing, and they are justified in their lack of confidence and interest to support the expansion of international law. In April of 1994, the assassination of Rwanda’s former president, Juvenal Habyarimana ignited the worst genocide since the end of World War II (Human Rights Watch, 2017). Hutu extremists persuaded thousands of ordinary civilians to murder men, women, and children belonging to a different ethnic group. Hutus massacred Tutsis using a systematic targeting protocol that claimed the lives of at least half a million people in only three months (Human Rights Watch, 2017). At first glance, the international community did not do enough to prevent one of the most glaring examples of crimes against humanity.

Aside from the infamous Rwandan incident, another popular counter-argument to the international law rhetoric is the complaint against powerful countries, such as nation-states belonging to the so-called G20 group. However, an in-depth study may reveal another side to the story.

A Practical View of International Law and International Relations

It is fair to say that to appreciate the practical value of international law, it is also imperative to examine it from a practical point of view. In other words, it is important to consider the strength and limitations of international law in the context of global politics and the legal implications of respecting the sovereignty of nation-states. It is also of crucial importance to appreciate the prevention of another global war that destroyed tens of millions of lives during World War I and World War II (O’Connell, 2011).

In the case of Rwanda’s genocide, the actions of the Hutu extremists are considered as internal problems. This is not to create an excuse for inaction, but rather an explanation as to the limitation of outside intervention. One of the limitations in the implementation of international law is the slow process of verifying the facts and coordinating with stakeholders and key personnel. In comparison, it takes time to process an ordinary crime scene. Thus, it is not fair to expect a faster response time when it comes to the duties and responsibilities of the international community. Furthermore, the atrocities were committed by ordinary civilians, and they perpetuated the said crimes with terrifying speed and efficiency. It is not prudent to expect a meaningful response based on the genocide’s timeline.

About the issue of accountability, it is not accurate to say that powerful countries run roughshod over the decisions or the pressure exerted by the international community. The best example to debunk the myth of invulnerability is the swift resolution of lawsuits that were lodged against American soldiers in the Abu Ghraib prison scandal. A few months after the news broke out about the inhumane treatment of detainees, former US President George W. Bush expressed his disgust about the way soldiers treated Iraqi detainees (CNN Library, 2017). Eight years later, a defense contractor was compelled to pay more than $5 million to settle lawsuits filed by former detainees. Nine years after the report was made public, a US District judge reprimanded and ordered the United States’ Defense Department to divulge photos and images acknowledging the abuses that were made in Iraq and Afghanistan (CNN Library, 2017).

The arm of the law caught up with US soldiers even as they committed grave misconduct in foreign soil. The same thing can be said about the dastardly acts committed by the leaders of the Hutu-led genocide against the Tutsis. According to the UN’s International Criminal Tribunal for Rwanda, 93 key personnel were indicted and 62 were sentenced for committing genocide and violations of international humanitarian laws (United Nations International Criminal Tribunal for Rwanda, 2017).

Conclusion

The power and significance of international law are manifested in the benefits to the international community in terms of the creation of mediation schemes and the threat of punishment for violating the ideals Cicero eloquently described in his writings. It is important to protect and cherish the common bonds of union and fellowship of all human beings. Powerful leaders and powerful entities are never beyond the reach of justice as demonstrated in Rwanda’s genocide case and the human rights violation in the Abu Ghraib prison scandal. Political leaders and warlords are not going to find it easy and pleasant to cross international borders and declare war on a neighboring state.

References

Armstrong, D., Farrell, T., & Lambert, H. (2012). International law and international relations. New York, NY: Cambridge University Press.

Breau, S. (2016). The responsibility to protect in international law: An emerging paradigm shift. New York, NY: Routledge.

CNN Library. (2017). Iraq prison abuse scandal fast facts. CNN. Web.

Human Rights Watch. (2017). Rwanda: Justice after genocide – 20 years on. Web.

O’Connell, M. (2011). The power and purpose of international law. New York, NY: Oxford University Press.

United Nations International Criminal Tribunal for Rwanda. (2017). The ICTR in brief. Web.

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