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World law at crossroads
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RUSSIA’S actions in Ukraine constitute a violation of international law.
In 1994, Ukraine agreed to give up the nuclear weapons it had inherited from the Soviet Union, in return for a solemn commitment by the United States, the United Kingdom, and Russia to protect Ukraine’s territorial integrity and sovereignty.
Russia has now violated that pledge, not only harming Ukraine but also undermining the international legal framework for preventing nuclear proliferation.
As frightening as the Ukraine crisis is, the more general disregard of international law in recent years must not be overlooked.
Without diminishing the seriousness of Russia’s recent actions, we should note that they come in the context of repeated violations of international law by the US, the EU, and NATO.
War of all against all
Every such violation undermines the fragile edifice of international law, and risks throwing the world into a lawless war of all against all.
The US and its allies have also launched a series of military interventions in recent years in contravention of the United Nations Charter and without the support of the UN Security Council.
The US-led NATO bombing of Serbia in 1999 lacked the sanction of international law, and occurred despite the strong objections of Russia, a Serbian ally.
Kosovo’s subsequent declaration of independence from Serbia, recognized by the US and most EU members, is a precedent that Russia eagerly cites for its actions in Crimea. The ironies are obvious.
The Kosovo War was followed by the US-led wars in Afghanistan and Iraq, both of which occurred without the support of the Security Council, and in the case of Iraq, despite vigorous objections within it.
The results for both Afghanistan and Iraq have been utterly devastating.
NATO’s actions in Libya in 2011 to topple Muammar el-Qaddafi constituted another such violation of international law.
After the Security Council approved a resolution to institute a no-fly zone and take other actions ostensibly to protect Libyan civilians, NATO used the resolution as a pretext to overthrow Qaddafi’s regime through aerial bombardment.
Libya remains unstable and violent, without an effective national government, to this day.
As Russia itself has repeatedly pointed out, US actions in Syria have been similarly illegal.
One can add many other US actions, including drone strikes on the territory of sovereign states without their governments’ permission; covert military operations; renditions and torture of terror suspects; and massive spying by the US National Security Agency.
When challenged by other countries or UN organizations, the US has brushed aside their objections.
There have long been skeptics of international law — those who believe that it can never prevail over the national interests of major powers, and that maintaining a balance of power among competitors is all that really can be done to keep the peace.
No true balance of power
Yet such a world is profoundly and unnecessarily dangerous. We have learned time and again that there is no such thing as a true “balance of power.”
There are always imbalances and destabilizing power shifts. Without some scaffolding of law, open conflict is all too likely.
This is especially true today, as countries jostle for oil and other vital resources.
It is no coincidence that most of the deadly wars of recent years have taken place in regions rich in valuable and contested natural resources.
As we look back in this centennial year toward the outbreak of World War I, we see again and again that the only possible route to safety is international law, upheld by the United Nations and respected on all sides.
Yes, it sounds naive, but no one has to look back to see the naivete of the belief that great-power politics will preserve peace and ensure humanity’s survival.
Jeffrey D. Sachs is professor of sustainable development, professor of health policy and management, and Director of the Earth Institute at Columbia University. He is also special adviser to the United Nations Secretary-General on the Millennium Development Goals. The views are his own. Shanghai Daily condensed the article. Copyright: Project Syndicate, 2014. www.project-syndicate.org
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