Paul Goble
Staunton, Mar. 6 – A profoundly disturbing
trend is taking place in international discourse, Gleb Bogush says. Until very
recently, most governments taking military action felt the need to justify what
they were doing by referring to international law, however implausible and
unconvincing their references to its provisions were.
But now, ever fewer governments feel
any need to do so, the Russian scholar at the University of Cologne in Germany
says; and indeed, both they and some in their own populations welcome this
change as a sign that they can act as they like on the basis of power relations
alone (ru.themoscowtimes.com/2026/03/06/pcheli-protiv-meda-strannaya-radost-po-povodu-razrusheniya-mezhdunarodnogo-prava-a189023).
And what may be even more disturbing
is a related development: many who have benefited from the provisions of international
law such as Russian liberals aren’t objecting to this failure to follow
international law even though they have been the beneficiaries of other
provisions of international law themselves.
This combination is destroying
international law, the Russian scholar continues; and “’the brave new world’ in
which only force matters will hardly be a kingdom of freedom. It will simly be
a world of illegality – and in this world, international law no longer will be
able to defend anyone, neither the state, nor the opposition, nor human rights.”
Bogush points out that international law as
codified by the United Nations allows the use of force in only two cases: in
response to an armed attack and if approved by the UN Security Council. Neither
has been true in many cases of armed attack in recent years and so it is not
surprising that those behind such attacks don’t want to talk about international
law.
What a
few of them have done is talk about something they call “preventive
self-defense,” but however emotionally satisfying that is, “in international
law, such a basis for the use of force simply doesn’t exist; and talk about
humanitarian intervention unless it is strictly limited also has not legal
justification.
As Bogush
notes, “international law doesn’t permit states to kill and suppress their own
citizens; but from this it doesn’t follow that other states have the right to
do this instead of them. Otherwise, a right to conduct war will appear, from
which humanity, it had appeared, had with justice rejected in the 20th
century.”
At
present, he continues, “in a majority of commentaries [on various current wars],
international law has simply disappeared from any discussion. Most often
arguments are made that international law is not absolute and is even out of
date when one is speaking about dictatorial regimes.”
That
formulation is “convenient, but it is untrue,” Bogush says because “international
law doesn’t ‘defend’ dictators. They are defended by the inaction of states and
in part they are directly supported by others. Authoritarian regimes are
becoming ever more numerous” since “an aggressive foreign policy, wars and militarization
are fatal for democracy.”
Unfortunately,
some who have benefited from international law are now joining the ranks of
those who think it is perfectly acceptable to ignore that law when they want to.
Among those, Bogush says, are some “among Russian liberals” even though their claims
and rights are typically based on appeals to international legal principles.
For
reasons that are far from clear, “they suppose that in ‘this brave new world’
they will thus turn out to be on the side of the strong – and that these ‘strongmen’
also for reasons that are unclear, will respect their rights and interests.” At
the very least, they are mistaken; and worse, they are likely to destroy the
basis for their own claims and protections.
Their
position is “not simply strange” but horrifying, Bogush concludes, because it
is “a classic case of when the bees begin to fight against honey.”