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As the catastrophic consequences of President Donald Trump’s choices in Iran continue to unfold, a critical inquiry emerges: are we witnessing the death of international law? This poignant question exposes a deeper concern—can we harness this crisis to reimagine a legal framework that benefits a broader swath of humanity?
The Crisis of International Law
The wave of aggressive actions, from Russia’s invasion of Ukraine to America’s interventions in Venezuela and Iran, signals a grim moment for the “rules-based order.” This intricate web of treaties and legal standards established to regulate state conduct since World War II is under severe strain. Alarmingly, supporters of international law appear to have retreated into surrender, as demonstrated by German Chancellor Friedrich Merz’s remarks in response to the recent unauthorized military strikes in Tehran: “Classifying events under international law will have relatively little impact, especially when these classifications remain legally ineffective.”
This defeatist stance is not unfounded. The flagrant violations of state sovereignty have become all too frequent. Political leaders now openly dismiss the “international formalities” that once guided diplomatic behavior, as described scornfully by Stephen Miller, a senior Trump advisor. In Miller’s worldview, power, violence, and authority dictate global relations, rendering previous red lines—like NATO threats and calls for ethnic cleansing in Gaza—merely faint memories of a time gone by.
A Legacy of Impunity
The mid-20th century, following the criminalization of aggressive war under the UN Charter in 1945, was marred by violations from major powers. Examples abound, from the Soviet invasion of Hungary in 1956 to U.S.-sponsored coups in Iran and Chile. These transgressions underscored a prioritization of national security and regional dominance over legal norms. A prime illustration of this mindset came from U.S. President Lyndon Johnson during the Vietnam War who famously declared, “We are the number one country. We will remain the number one country.”
The post-9/11 world did little to improve the adherence to international norms. Graham Allison from Harvard’s Kennedy School highlighted how the self-proclaimed leader of the liberal order invaded two countries, launched unilateral airstrikes, and practiced extraordinary renditions—often without any international legal authority. His conclusion was clear: this track record speaks volumes.
Legal Frameworks Still Vital
Despite the grim picture painted by these violations, international law is far from worthless. Many regulations governing trade, fishing, the environment, and organized crime are generally respected. They foster predictability and peaceful dispute resolution, serving the interests of states. This is evidenced by the successful Montreal Protocol, implemented in 1987, which phased out 98% of ozone-depleting substances, thereby saving millions from skin cancer. These norms deter aggressive actions, as invading a nation invites retaliation.
Yet today’s distinct challenge lies in the unabashed rejection of restraint. During Trump’s presidency, it became clear that his foreign policy “is defined by animosity towards the entire framework of international law,” as observed by legal scholar Monica Hakimi. Speaking directly, the President stated, “I don’t need international law.”
A Call for Renewed Commitment
The Trump administration’s contempt for foundational norms has incited considerable unease—but it also serves as a clarion call for those anxious about a lawless world. The United Nations has long warned that a lack of international law “could mean chaos.” As we confront the grim realities of this potential future, we have a unique opportunity to broaden what has long been the purview of a narrow professional and academic elite.
By embroiling the wider Middle East in conflict and eroding alliances, Trump has inadvertently reminded us of the necessity for international law. Concepts like “aggression,” “crimes against humanity,” and “genocide” were not merely theoretical constructs; they were practical tools designed to confront real horrors we hoped would never resurface.
However, if international law seeks greater credibility, legal practitioners and diplomats must strive to demonstrate its tangible benefits to ordinary people. This includes managing armed conflicts and civil aviation effectively. As the current American onslaught against the international framework that has prevailed for 80 years unfolds, reformers outside the U.S. may find themselves in a prime position to lead this charge.
Addressing these challenges will not be easy. We need consistent enforcement of legal norms, rejection of double standards afforded to certain powerful actors, and a renewed commitment from states to a law that applies universally, not just to the privileged few. Additionally, we must bring international courts closer to the victims and survivors they serve, diversify the legal field, and enhance public communication—potentially even conducting international trials in situ with broad participation.
The recent discontent with the fate of the rules-based system offers a unique opportunity for renewal and reinvention. While Trump may not feel the need for international law, it may well be that international law is in need of Trump’s actions to inspire a reinvigorated commitment.
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Exploring the potential death of international law under Trump and the opportunity to revamp a legal system that benefits all.
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Is the current international legal framework failing under the weight of power politics? Discover how we can reshape it for the better.
