Rethinking international law for a more just global system

Wednesday 05 February 2025 - 16:34

The longstanding exceptional immunity granted to Israel has placed international law and its institutions in a precarious position. Israel has repeatedly defied the United Nations (UN), killing UN workers, banning UNRWA, and barring UN representatives. Additionally, it has undermined international justice by exerting pressure on the International Criminal Court (ICC) to avoid investigating Israeli crimes, including threats, sanctions, and defamation. These actions escalated after the ICC issued arrest warrants for Israeli leaders. The U.S., under President Trump, supported Israel’s actions by imposing sanctions on ICC staff, further undermining multilateralism and international law.

Despite the UN's establishment in 1945 with the purpose of promoting peace and preventing war, it has failed to prevent many conflicts, often favoring economically powerful states and proxy wars in former colonies. The global order established by the UN has led to "peace for some," but has not delivered justice for all. This failure prompts a need for an alternative international legal system that upholds justice for all nations, not just the powerful.

A new approach to international law has been suggested by legal scholars like Alejandro Alvarez, who argued for a “new international law” that addresses the historical and geopolitical realities of the Global South. This idea was supported by the decolonization movements but was stifled by the economic power of advanced states. However, the current global challenges—such as climate change, militarization, and injustice—demand the revival of such efforts.

The ongoing genocide in Gaza serves as a stark reminder of the global system's failures. A petition from 500 legal scholars called for Israel’s removal from the UN General Assembly, citing the need to preserve the UN's legitimacy. In response, the U.S. Congress threatened to withdraw funding from the UN, further undermining the institution's authority.

If the U.S. proceeds with this threat, it may be time to relocate the UN Headquarters outside of the U.S., potentially to the Global South, which could strengthen support for the UN, reduce costs, and ensure fairer participation. Moreover, dismantling institutions like the UN Security Council, the IMF, and the World Bank—historically tied to imperial power—would allow for a more equitable system.

The ongoing challenges, such as climate change and neocolonialism, call for an urgent reimagining of international law. Progressive movements worldwide, including those from Pacific island nations, are already challenging the limitations of current international law. In response, coalitions like Progressive International are pushing for a new international economic order. For real change to occur, the voices of the Global South must unite, advocating for a global system based on justice rather than power.

The current moment demands that we no longer accept the status quo. We must lay the groundwork for a new international legal framework, one that prioritizes justice over power.