Once viewed as a safeguard against global injustice, international law has become increasingly politicised and dysfunctional in recent years. As Linda Kinstler writes in a fascinating essay for the cover story of this week’s Guardian Weekly magazine, the norms, institutions and good faith essential to the system functioning effectively have been badly eroded, and it’s hard to see how the problems can be reversed.
Institutions like the UN security council and international criminal court (ICC) are now often simply ignored or manipulated by powerful member states. The ICC in particular has struggled with legitimacy and enforcement, delivering only a few convictions, amid resistance from big powers such as the US and Russia. The unilateralism of Trump has further undermined the system, while China’s growing influence is shifting the international focus away from human rights.