This article discusses the key role of international law in the context of Russia’s full-scale invasion of Ukraine. International law cannot, on its own, prevent conflicts. However, it provides a framework for peaceful dispute resolution, accountability, and compensation. Despite clear violations of international law, including the UN Charter and international humanitarian law, international law remains relevant and plays a crucial role in conflict management and post-conflict reconstruction. The article provides examples of methods for securing compliance with international law, such as the use of sanctions, the implementation of individual criminal responsibility, and institutions for settlement of disputes. A well-known critique against international law is the lack of effective compliance mechanisms, compared with national legal systems. There are inherent challenges in any consent-based system with few supranational institutions to enforce compliance. However, there is room for political solutions and new initiatives, supported by broad state consensus, that could serve as models for handling similar situations in the future.

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The Key Role of International Law in Contemporary Conflicts: Challenges and Prospects

  • Ola Engdahl

摘要

This article discusses the key role of international law in the context of Russia’s full-scale invasion of Ukraine. International law cannot, on its own, prevent conflicts. However, it provides a framework for peaceful dispute resolution, accountability, and compensation. Despite clear violations of international law, including the UN Charter and international humanitarian law, international law remains relevant and plays a crucial role in conflict management and post-conflict reconstruction. The article provides examples of methods for securing compliance with international law, such as the use of sanctions, the implementation of individual criminal responsibility, and institutions for settlement of disputes. A well-known critique against international law is the lack of effective compliance mechanisms, compared with national legal systems. There are inherent challenges in any consent-based system with few supranational institutions to enforce compliance. However, there is room for political solutions and new initiatives, supported by broad state consensus, that could serve as models for handling similar situations in the future.