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As the ramifications of U.S. President Donald Trump’s unilateral policies in Iran continue to unfold, a vital question arises: are we witnessing the demise of international law? More crucially, can this crisis serve as an impetus to reimagine a legal framework that better serves the global community?
The Erosion of International Norms
James A. Goldston, a former prosecutor at the International Criminal Court and current executive director of the Open Society Justice Initiative, highlights the alarming state of international law amid heightened geopolitical tensions. Actions such as Russia’s invasion of Ukraine and aggressive U.S. measures against nations like Venezuela and Iran signal a critical juncture for a rules-based international order—a system of agreements and treaties intended to regulate state behavior since World War II. The recent illegal military strikes carried out by the U.S. and Israel in Tehran have further brought attention to this troubling trend. German Chancellor Friedrich Merz encapsulated the sense of resignation among many international law advocates when he stated, “Classifying events under international law has relatively little effect.”
A Culture of Disregard
The rise in blatant violations of state sovereignty is a clear indication that the principles of international law are increasingly disregarded. Political leaders, including U.S. advisors like Stephen Miller, seem to dismiss what he derisively refers to as “international formalities.” This shift has normalized previously unthinkable actions, such as threats against NATO members or calls for ethnic cleansing in conflict zones like Gaza.
Historic patterns reveal that even after the criminalization of aggressive war in 1945 under the U.N. Charter, major power violations were rampant. From the Soviet invasions of Hungary in 1956 and Czechoslovakia in 1968 to U.S.-backed coups in Iran, Guatemala, and Chile, these actions were driven more by national security and regional dominance than by adherence to legal norms. President Lyndon Johnson’s assertion during the Vietnam War—“We are number one. We will remain number one”—epitomizes this mindset.
Post-9/11 Landscape
After the events of September 11, 2001, this disregard for international standards persisted. Graham Allison of Harvard’s Kennedy School pointed out that the self-proclaimed leader of the liberal order engaged in military actions without international legal backing, a trend characterized by arbitrary definitions of terrorism and extraordinary renditions. This record of lawlessness underscores a troubling erosion of the rule of law that should alert those invested in a stable global order.
The Vitality of International Law
Despite the bleak picture, international law retains its significance. Many regulations pertaining to trade, environmental protection, and organized crime are generally respected, driven by a mutual interest in predictability and peaceful dispute resolution. Successful treaties, like the 1987 Montreal Protocol that phased out ozone-depleting substances, demonstrate the potential of collective action to address global challenges. The lesson is clear: states often refrain from aggression because of potential retaliation.
A Path Forward
Today, the challenge is the overt rejection of restraint. Trump’s administration has been characterized by a pronounced animosity towards international law, with the president stating unequivocally, “I don’t need international law.” This disdain raises alarming questions about the future of a rules-based system. The United Nations has long warned that the absence of international law could lead to chaos. With the current geopolitical climate as a backdrop, an opportunity arises to expand the legal framework that has historically served a select elite.
Trump’s actions in the Middle East, which have destabilized alliances and fueled economic uncertainty, remind us of the fundamental need for a robust system of international law—a system designed to address real atrocities we hope to prevent from occurring “ever again.”
If the credibility of international law is to be restored, lawyers and diplomats must better illustrate its benefits for ordinary people, whether in conflict resolution or civil aviation management. As the U.S. retreats from its role in the international project it has championed for eight decades, reformist voices from outside the U.S. may take the lead in this vital work.
The Challenge of Reform
Rebuilding trust in international norms will not be simple. It necessitates consistent enforcement of legal rules, an end to double standards that exempt powerful actors, and a renewed commitment by states to a law that governs everyone, not just a few. Access to international courts must be improved, making them more relatable to the victims they are meant to serve, while ensuring that the legal system is diverse and representative.
It is an unusual yet welcome development that current frustrations with the fate of the rules-based order may catalyze renewal and reform. While Trump may assert he does not need international law, it is increasingly clear that the system may need his actions to spur its re-evaluation.
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As global tensions rise under the Trump presidency, can this crisis inspire a revitalization of international law for broader public benefit?
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