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Question

what is the purpose of public international law if there are no effective enforcement mechanisms to apply it? Maria Kyriacou


Answer

Anthony Arnove: International law is today a [chivalette]. It’s something that we hear a lot about, but as this question points out, international law is applied very selectively in the world today. The United States is exempt from international law. Other powerful states are exempt from international law, whereas subjugated or weak states are subject to it. The reality is there is no effective international law in the world today. There is a law Might Makes Right, and that is the law of the world today, that is the kind of international law we have. The United States is able to carry out war crimes, violate Geneva conventions, torture, murder, invade other countries ,illegally and to violate numerous provisions of international law, and yet claim that it is a beacon of international law that is upholding and advancing international law. The United States at the same time, of course, rejects the world court and the international tribunal and rejects mechanisms that would bind it to international law. The United States is entering into bilateral relationships, agreements with states around the world to compel them to say that they will never bring US soldiers, that they will never US officials before courts of international law. We recently have seen other states, Argentina. In particular, we have the example of Chile and Augusto Pinochet dictatorship. We see universally a principle of trying to exempt executives, political leaders from any accountability. So, really, I think we need to question the basis of international law today and understand that it can’t possibly be meaningful in a world where the states have such power.