The exceptional immunity that Israel has enjoyed for decades has placed international law and its institutions , at a knife’s edge. Israel has , killed UN workers,  , banned UNRWA,  , barred UN representatives from entry, and repeatedly , insulted the UN , and , its officials.
Israeli governments that have followed in the past have used every means to pressure the International Criminal Court (ICC) to not investigate crimes against Israel, from direct threats of physical assault to defamation and sanctions. The court’s attacks on both Yoav Gallant and Prime Minister Benjamin Netanyahu have only grown since it issued arrest warrants.
Trump, the US president, has already ratified an executive order that would resettle ICC employees. This is in addition to other choices he has made, including the US’s decision to leave the Paris Climate Agreement and the World Health Organization, which are direct threats to international multilateralism. The US president declared his intention to “take over” Gaza and “own it” on Tuesday, flaunting his total disregard for international law.
These developments raise the question of whether the UN’s current global system has no hope of being saved.
The UN has largely failed to prevent and stop conflicts despite being established in 1945 to “save succeeding generations from the scourge of war.” Its creation marked the start of a “peace for some” era for economically advanced states that wage proxy wars in previously colonized nations. So, do we give up on the idea of an international legal order altogether?
It is obvious that we do need a system that brings people together under the ideal of justice as we face the imminent threat of climate change and the rapid escalation of militarisation. Diverse thinkers have already suggested the creation of an international legal framework that dissipates power.
A well-known Chilean lawyer Alejandro Alvarez, for instance, made the suggestion of a “new international law” some 70 years ago. He argued that the European legal tradition, which predominated in international law, was insufficient to address legal issues in places like the Americas during his tenure as a judge of the International Court of Justice (1946-1955).
Alvarez argued for a “new international law” that reflected the interests and positions of decolonized states in a number of cases where he deliberated on behalf of the parties.
There was a , clear attempt , at that time by states of the Global South to claim international law to its benefit. Nevertheless, economically advanced states used their influence to eradicate such attempts.
If the concept of an international legal order is to survive, these efforts must now be renewed at a historic moment. The motivation may be inaction against Palestine, as the genocide in Gaza exemplifies larger patterns of oppression and exploitation that define the world system today.
Global South countries are already attempting to deport Israel from the UN. A petition signed by , 500 legal scholars , has also called on the UN General Assembly to unseat Israel in order to preserve its legitimacy.
In response, the US Congress threatened to withdraw US funding if a vote were to occur in a letter to UN Secretary Antonio Guterres. While the US lobby at the UN has no secret power, a public threat to revoke funding from the organization if it performs its normal tasks publicly defies international law’s authority and principles.
There is a simple solution if the US decides to cut funding for the UN altogether: relocate the UN to a global south base. Moving the UN Headquarters to a different location would significantly lower its costs, boost its support, and boost its greater participation. It would eliminate the predicament of an international legal system with a state that has demonstrated to be the most effective offender of crimes it was intended to stop.
On a institutional level, the UN Security Council, the International Monetary Fund, and the World Bank are all examples of institutional structures that imperial power must be eliminated. Calls for the abolition of these institutions were spearheaded by leading figures of the decolonisation movement like , Thomas Sankara , and , Amilcar Cabral. The Algerian Judge, Mohammad Bedjaoui, has repeatedly argued that the UN General Assembly and the International Court of Justice must have more authority as platforms for the Global South. Additionally, this might represent a time for swift international lawmaking that builds on previous efforts to establish a new international legal order. Pacific islands are already , challenging , the limitations of international law by asking the ICJ to role on state responsibility towards climate change.
A coalition of progressive organizations from all over the world recently launched a project to create a framework for the new, new international economic order, Progressive International. People of the Global South are united in their experience of economic and physical dominance and subjugation, and there is power in the unison of voices. The political tides must align, even for a fleeting moment, for such change to occur.
The current moment of genocide, neocolonialism, climate crisis and sickening impunity imposes on us the duty to reimagine the status quo. We can’t afford cynicism. A new international legal system that values virtue over power must be laid the groundwork.