International law in crisis: what levers for its reform?

International law, a pillar of the world order since the United Nations Charter of 1945, is today going through a profound crisis. Contested for its ineffectiveness in preventing conflicts, powerless in the face of massive violations of human rights, and often exploited by powers, it seems frozen even though the challenges of the 21st century require its transformation. However, far from being condemned to obsolescence, international law is at a turning point: its renewal is both desirable and necessary to preserve peace, justice and the primacy of law in international relations. Several areas for development appear to be priorities in order to save its solemnity and credibility, a subject of debate and in-depth research by elites and experts in the field.

1. Strengthening sanction mechanisms: towards more credible justice

One of the major weaknesses of international law lies in its lack of effective coercive means. Although the International Criminal Court (ICC) has marked undeniable progress, its capacities are severely limited by the lack of cooperation from States and political obstacles, notably in the United Nations Security Council. This, via the right of veto of permanent members, frequently paralyzes the procedures for investigating and prosecuting international crimes.

NGOs plead for the use of the veto to be prohibited in cases of mass crimes, so as not to compromise justice in the name of geopolitical interests. Furthermore, it is essential to provide the ICC, as well as regional jurisdictions such as the African Court of Human Rights and the European Court of Human Rights, with increased financial resources, qualified staff and more robust executive mechanisms.

2. Universalization of fundamental standards: for justice without borders

The legitimacy of international law is based on the universality of its norms. However, several major powers (United States, China, Russia, Israel) still refuse to ratify the Rome Statute, the founding text of the ICC. This situation gives rise to selective justice[1], where certain crimes are prosecuted while others remain unpunished, depending on the balance of power.

A real reform of the international system therefore requires the accession of these States to the main legal instruments, in particular the Geneva Conventions on humanitarian law. Amnesty International therefore calls for universal ratification of the Rome Statute[2], an essential condition for guaranteeing fair and global justice.

3. Protecting the independence of international jurisdictions: against political interference

International judicial institutions can only fulfill their role if their independence is guaranteed. Today, political pressures exerted on the courses, whether through conditional funding, partisan appointments or diplomatic interference, threaten their impartiality. This situation undermines citizen confidence and weakens the moral authority of these jurisdictions.

Strengthening procedural guarantees, creating independent funding mechanisms and increasing transparency in appointment processes are essential. Some researchers, such as those from IRIS[3], also suggest the establishment of an independent body responsible for monitoring the political pressures exerted on international courts.

This would make it possible to preserve the autonomy of judges, like the good practices listed in specialized academic journals such as “Questions nationaux” from Documentation Française, “Journal of International Criminal Justice” (JICJ) from Oxford University Press, the “European Journal of International Law” (EJIL) and many others.

4. Fully integrating civil society and NGOs: an indispensable actor

Faced with the limits of institutional mechanisms, civil society and NGOs have gradually emerged as central actors in international law. Their contribution to documenting crimes, mobilizing public opinion and putting pressure on institutions has become essential. In addition, technological progress today allows them to collect evidence via tools such as open source video surveillance, geolocation or collaborative databases[4].

International non-governmental organizations indeed illustrate this ability to fill the void left by institutions. By integrating these actors into legal processes, in particular by recognizing their role in investigative procedures or by their consultation in the development of standards, international law could gain in efficiency, legitimacy and proximity to victims.

Reinventing international law for the future

International law finds itself at a crossroads. If it does not adapt to the realities of the contemporary world, it risks sinking into ineffectiveness, or even irrelevance. However, solutions exist. By strengthening sanction mechanisms, universalizing fundamental norms, protecting the independence of institutions and fully integrating civil society, the international community can build an international law that is fairer, stronger and closer to the people.

Such a renewal is imperative to guarantee that it is not the law of the strongest, but rather the force of law, which governs international relations in the 21st century.

Sources:
1 “Https://Www.Icrc.Org/En/Document/International-Humanitarian-Law-and-Global-Challenges-2024,” n.d.
2 “Https://Www.Amnesty.Org/En/Documents/Ior40/6264/2024/En/,” n.d.