International Rule of Law and Enforcement
Presenter: Ambrese Montagu
Since its roots in ancient legal codes and the Magna Carta, the rule of law has served as the cornerstone of just societies—domestically by constraining arbitrary power and guaranteeing individual rights, and internationally by providing a framework for peaceful relations and dispute resolution. After World War II, the United Nations Charter, the International Court of Justice, and later the International Criminal Court embodied a global commitment to laws binding on all states, signaling an unprecedented era in which state sovereignty was balanced against collective norms and human rights.
Over time, however, that foundational promise has frayed. Democracies have witnessed rising executive overreach and politicized judiciaries, while on the global stage, multilateral institutions have seen their authority undercut by veto-wielding powers and unilateral interventions. According to the World Justice Project, fundamental rights protections and checks on government power have declined in over 80 percent of countries since 2016, marking five consecutive years of erosion in core rule-of-law indicators.
International law today rests on the twin pillars of state consent and sovereign equality, drawing its authority from treaties, customs, and peremptory norms (ius cogens) that no state may override. Yet powerful actors increasingly flout these rules. Current examples include:
the United States’ sanctions on ICC Prosecutor Karim Khan following arrest warrants for Israeli officials;
Israel’s extensive military operations in Gaza and reported obstruction of humanitarian aid, challenging international humanitarian law and provoking questions at The Hague;
Russia’s illegal invasions and annexations of Ukrainian territory in 2014 and 2022 in breach of the UN Charter;
China’s militarization of disputed features in the South China Sea and its looming threats against Taiwan, defying customary prohibitions on force;
flagrant corporate and state surveillance abuses enabled by unregulated AI and spyware, which Amnesty International warns “supercharge” human rights violations in conflicts worldwide.
Despite these pressures, the future of the rule of law holds both threats and opportunities. Renewed regional courts—from the African Court on Human and Peoples’ Rights to ASEAN’s evolving dispute mechanisms—offer paths for enforcement where global bodies falter. Digital technologies can also strengthen transparency through open-data networks and smart contracts that encode legal commitments in code. Grassroots legal empowerment movements, coupled with binding AI and climate treaties, may yet revitalize norms by linking accountability to civil society and private-sector compliance.
What stands at risk if the rule of law continues its retreat is nothing less than the liberal international order itself: unchecked executive power, endemic corruption, mass displacement, climate collapse, and the erosion of democratic legitimacy. Without robust domestic and international legal constraints, the world risks sliding into cycles of conflict, impunity, and fear that no framework of treaties or courts alone can resolve.
As we prepare for our next roundtable on the erosion of the rule of law, I wanted to share a curated list of 10 flagrant violations of international law—some historic, others ongoing—that remain largely unprosecuted or ignored by global institutions. These examples reflect the troubling decline of legal accountability in both war and peace, and the selective enforcement that undermines the credibility of international norms.
1. Russia’s invasion of Ukraine (2022–present) A textbook violation of the UN Charter’s prohibition on aggression, compounded by war crimes including attacks on hospitals, mass graves, and forced deportations. Despite ICC investigations, Russia’s veto power shields it from prosecution.
2. Israel’s blockade and military actions in Gaza From the use of starvation as a weapon to indiscriminate bombing of civilian areas, Israel’s conduct has drawn accusations of war crimes and crimes against humanity. Yet international response remains fractured and politicized.
3. U.S. invasion of Iraq (2003) Launched without UN authorization, the war violated international law and led to mass civilian casualties, torture at Abu Ghraib, and destabilization of the region. No accountability has followed for architects of the war.
4. China’s repression in Xinjiang Systematic internment, forced sterilization, and cultural erasure of Uyghur Muslims may constitute genocide under international law. Yet China faces no formal sanctions or tribunal proceedings.
5. Myanmar’s military crackdown on Rohingya (2017) Mass killings, sexual violence, and forced displacement of over 700,000 Rohingya Muslims have been documented. The ICC has opened a case, but no senior officials have been prosecuted.
6. Saudi-led coalition in Yemen Airstrikes on schools, hospitals, and markets have killed thousands of civilians. Despite UN reports of war crimes, arms sales from Western states continue unabated.
7. Syria’s use of chemical weapons and torture The Assad regime has used banned weapons and committed mass atrocities. UN investigations have confirmed violations, but political gridlock prevents meaningful legal action.
8. Sudan’s Darfur genocide (2003–2008) Despite ICC indictments—including one for former President Omar al-Bashir—no trial has occurred, and impunity persists amid renewed violence.
9. U.S. drone strikes and extrajudicial killings Targeted killings in Pakistan, Yemen, and Somalia have bypassed due process and killed civilians, raising serious legal questions. No international tribunal has addressed these actions.
10. Corporate complicity in surveillance and repression Big Tech firms have enabled mass surveillance, censorship, and discrimination through unregulated AI and spyware, violating privacy and human rights globally.
These cases challenge the very foundation of international law and demand our attention. Let’s explore what mechanisms—legal, political, and moral—might restore accountability and prevent further erosion.
Please join the Zoom Meeting here: https://us06web.zoom.us/j/971381033