History As It Happens: Bombing and Starving International Law
Release Date: July 1, 2025
Host: Martin DeCaro
Guest: Adeel Haq, Distinguished Professor of Law at Rutgers Law School
Source: History As It Happens
Introduction
In the July 1, 2025 episode of History As It Happens, host Martin DeCaro delves into the pressing issue of international law in the wake of ongoing global conflicts. Titled "Bombing and Starving International Law," the episode examines whether the foundational principles of international law are being eroded by contemporary acts of aggression and humanitarian crises.
Current State of International Law
Martin DeCaro opens the discussion by highlighting the surge in global conflicts, citing regions such as Ukraine, Gaza, Sudan, Myanmar, and the Democratic Republic of Congo. He questions the viability of a rules-based international order when "might makes right" seems to prevail.
Quote:
"If might makes right, the rules-based order is over."
— Martin DeCaro [00:51]
Assaults on the UN Charter
UN Secretary-General Antonio Guterres underscores the unprecedented challenges facing the UN Charter, emphasizing the frequent violations by major powers.
Quote:
"Today we see assaults on the purposes and principles of the UN Charter like never before."
— Antonio Guterres [03:24]
Adeel Haq expands on this by discussing the accumulation of severe violations by countries including Russia, the United States, and Israel. He points out that these violations undermine the very purpose of international law.
Quote:
"International law is not dead, but it is facing a series of very serious challenges."
— Adeel Haq [01:53]
Historical Context: The UN Charter’s Promise and Present Reality
Reflecting on the UN Charter's inception in 1945, DeCaro juxtaposes President Harry Truman's optimistic vision against today's grim reality of widespread violations.
Historical Quote:
"The Charter for World Peace has been completed. But this is not the end. It is only the beginning." [00:34]
DeCaro reminisces about Truman’s remarks, warning that without the will to uphold the Charter, millions could perish.
Quote:
"If we should falter in the future in our will to use it, millions now living will surely die."
— President Harry Truman [02:46]
Case Study: Israel’s Military Actions Against Iran
The episode scrutinizes Israel's recent military strikes against Iran, questioning their legality under international law. Israeli Prime Minister Benjamin Netanyahu's rationale for targeting Iran to prevent a nuclear holocaust is examined alongside his charges of war crimes by the International Criminal Court (ICC).
Quote:
"Eighty years ago, the Jewish people were the victims of a holocaust perpetrated by the Nazi regime. Today the Jewish state refuses to be a victim of a nuclear holocaust perpetrated by the Iranian regime."
— Benjamin Netanyahu [04:09]
Adeel Haq argues that Israel's actions violate the UN Charter as they lack Security Council authorization and do not meet the criteria for self-defense.
Quote:
"Israel's attacks on Iran were illegal. They were a clear violation of the UN Charter."
— Adeel Haq [12:43]
Challenges in Enforcement and Accountability
The conversation shifts to the International Criminal Court's (ICC) limited effectiveness, noting its minimal convictions and geopolitical bottlenecks.
Quote:
"The ICC, she says, could never fully live up to the aspirations that ushered it into being."
— Martin DeCaro [05:38]
Adeel Haq discusses the ICC's jurisdictional limitations and the pervasive influence of powerful states in undermining international legal processes.
Quote:
"The UN Security Council is paralyzed because of the veto power of its permanent members."
— Adeel Haq [05:51]
The Role of the United Nations and Security Council
DeCaro critiques the Security Council's inability to act decisively due to the veto powers of major nations like Russia and the United States. This paralysis hampers the enforcement of international law and the maintenance of global peace.
Quote:
"Would Russia ever vote to sanction itself for invading Ukraine?"
— Martin DeCaro [07:34]
Adeel Haq suggests that states are increasingly bypassing the Security Council by seeking resolutions through the General Assembly or leveraging regional bodies like the European Union.
Historical Precedents and Legal Tests
The discussion delves into historical incidents that shaped international law, such as the Caroline Incident of 1837, which established the "Caroline Test" for anticipatory self-defense.
Quote:
"The Caroline test is a kind of legal transplant."
— Adeel Haq [25:07]
HaHaq also references the 1967 Six-Day War to illustrate how preemptive actions have historically been contested under international law.
Impact of Power Dynamics on International Law
DeCaro and Haq explore the tension between the ideals of international law and the realities of geopolitical power. They argue that while international law provides a framework for justice, it often falls short without the political will to enforce it.
Quote:
"When those two things collide, the law is always going to be at a disadvantage because international law again doesn't have planes, tanks, submarines, nuclear weapons."
— Adeel Haq [34:33]
Nicaragua Test and State Responsibility
The episode touches upon the "Nicaragua Test," discussing when the actions of non-state actors can be attributed to a state. Haq explains that the International Court of Justice requires a high standard of evidence for state responsibility, making it difficult to hold states accountable for the actions of proxy groups like Hamas or Hezbollah.
Quote:
"The ICJ set a very high bar. It's called the effective control test."
— Adeel Haq [35:07]
Positive Outcomes and the Role of the United Nations
Despite the overarching challenges, Haq and DeCaro acknowledge the successes of the United Nations in peacekeeping, conflict mediation, and humanitarian assistance. They emphasize the importance of these institutions in preventing and resolving conflicts, even if their efforts are often overshadowed by ongoing crises.
Quote:
"The United Nations does an immense amount of good in the world through peacekeeping, conflict mediation and through humanitarian assistance."
— Adeel Haq [37:51]
Conclusion
The episode concludes on a contemplative note, recognizing the dual realities of international law and geopolitical power. While international law remains a crucial tool for fostering global justice and peace, its effectiveness is continually tested by the ambitions and actions of powerful states. The need for sustained political will and collective responsibility is emphasized as essential for upholding the principles enshrined in the UN Charter.
Final Quote:
"Upholding the purposes and the principles of the Charter is a never ending mission."
— Antonio Guterres [39:07]
Looking Ahead
In the upcoming episode, Martin DeCaro shifts focus to the Democratic Party's current struggles, exploring its leadership vacuum and future prospects with historian Sean Wilentz.
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