A study says IHL is at ‘critical breaking point’ amid horrendous violations in Gaza, Sudan and elsewhere. But to declare its demise would be premature
I
s international humanitarian law (IHL), the law designed to spare civilians as much as possible the hazards of warfare, at risk of imploding? That is the conclusion of a new compendious study of current armed conflicts around the world, citing the killing of civilians and other atrocities in Gaza, Ukraine, Sudan, and elsewhere. “While the threat to IHL is not yet existential,” it warns, “it is at a critical breaking point.”
There is no doubt that the disregard for civilian life in these conflicts has been horrendous. In Gaza and Sudan, it has risen to the level of genocide. But do these represent serious violations of the law or its demise?
Let’s consider an analogy: when an ordinary murder is committed on a city street, is that a serious crime or a license to kill? If the authorities investigate, arrest, and prosecute the suspect, we consider the murder an unfortunate offense but don’t question the status of the law against it. But if the authorities were to ignore the killing, suggesting that they are just as happy to be rid of the victim, it would be another matter entirely.
