When War Returns: Is International Law Still Holding?

Why It Matters

The failure to enforce established war‑law norms threatens both global security and economic stability, undermining the post‑World‑II multilateral system. Immediate action is needed to preserve the credibility of international institutions.

Key Takeaways

• UN Security Council has not ruled on aggression in Middle East conflict
• Iran's $2 million Strait of Hormuz fee violates UNCLOS transit passage rights
• Failure to enforce international law risks global oil price spike and recession
• Kenya supports Pakistan‑brokered mediation to restore rules‑based order
• Pre‑emptive self‑defence remains unsettled under customary international law

Pulse Analysis

The Kellogg‑Briand Pact of 1928 marked a historic shift from *jus ad bellum* to a prohibition on war, a principle later enshrined in Article 2(4) of the UN Charter. Decades later, the Middle East conflict involving the United States, Israel and Iran tests that legacy, as states invoke self‑defence while the UN Security Council remains inert. This legal stalemate revives debates over anticipatory versus pre‑emptive self‑defence, exposing gaps in customary international law that have yet to be reconciled.

Compounding the legal impasse are concrete violations of maritime law. Iran’s unilateral $2 million fee on vessels transiting the Strait of Hormuz contravenes Article 37 of UNCLOS, which guarantees non‑discriminatory transit passage through international straits. Such actions not only breach treaty obligations but also threaten the free flow of oil, a commodity already vulnerable to price spikes that could push the global economy toward recession. The interplay between legal norms and economic realities underscores how breaches of international law can have immediate, tangible repercussions.

The broader consequence is a potential erosion of the rules‑based order that has underpinned global stability since World War II. Kenya’s endorsement of a Pakistan‑mediated peace process signals a proactive stance from the Global South, urging major powers and intergovernmental bodies to re‑affirm their commitments. Restoring confidence in international law is essential to prevent further escalation, protect civilian lives, and safeguard critical supply chains. The article’s call to action serves as a reminder that the survival of the multilateral system depends on collective adherence to established legal frameworks.