Headlines are screaming about a world descending into a “rules-based anarchy,” citing events like missile strikes and drone incursions as evidence of a crumbling international legal order. But is international law truly on its deathbed, or is this just the latest bout in a centuries-old cycle of construction, destruction, and reconstruction?
The argument for the “death of international law” centers on the perceived rise of “raw power,” with nations brazenly disregarding established norms. The invasion of Ukraine and ongoing conflicts in the Middle East and Africa are frequently cited as prime examples of this erosion, with some scholars lamenting the diminishing protection of civilians under international humanitarian law.
However, a closer look reveals a more nuanced picture. While certain high-profile violations undoubtedly occur, the vast majority of international law quietly underpins our daily lives. From international treaties facilitating travel and communication to agreements governing trade and medicine, the unseen framework of international law remains remarkably effective.
Furthermore, the narrative of collapse ignores the ongoing evolution of international law. States continue to negotiate new treaties, such as the UN convention on crimes against humanity, and establish new judicial bodies, like the tribunal on the crime of aggression in Ukraine. The International Court of Justice is busier than ever, attracting unprecedented state participation in advisory opinions on critical issues like climate change.
The current challenges to international law, spearheaded by populist and nationalist forces, are not entirely new. Throughout history, powerful actors have sought to disregard or dismantle international rules for short-term gains. But such approaches are ultimately unsustainable. The long-term consequences – political isolation, diplomatic backlash, economic instability, and even military conflict – force a return to negotiation and accommodation, ultimately leading to a renewed commitment to international agreements.
So, while the current moment undoubtedly presents serious challenges to specific aspects of international law, it is premature to declare its demise. The cycle of destruction and reconstruction continues. The key lies in understanding the historical patterns and recognizing that even in times of crisis, the vast majority of international law remains a vital, if often unseen, foundation of our interconnected world.
Further reading:
Linda Kinstler, Are we witnessing the death of international law?
https://www.theguardian.com/law/2025/jun/26/are-we-witnessing-the-death-of-international-law
Philippe Sands, Trump and his ilk imagine a world without international law – but they will not achieve it
https://www.theguardian.com/commentisfree/2025/nov/19/international-law-assault-rules-destruction-trump
