The UN remains a toothless world body, almost powerless to impose authority on countries that are signatories to the Geneva Conventions, writes Ayanda Sishi-Wigzell.
By Ayanda Sishi-Wigzell
This year, we celebrate the 75th anniversary of the 1949 Geneva Convention, the culmination of several conventions that make up the body of international humanitarian laws that govern armed conflicts, and that signatory nations must follow.
The importance of the 1949 Geneva Convention can’t be overstated as it is the basis on which humanity is meant to show itself above the rules of nature. However, we have often seen throughout history that International Law unfortunately only protects those in power. Now more than ever, International Law finds itself in peril.
Under the 1949 Geneva Convention, militaries can’t target schools, civilian neighbourhoods, refugee camps, designated safe zones, hospitals and religious places of worship. Journalists are allowed to document what is going on and they can’t be made targets. Additions to the law over the years include the protection of children which states that children are prohibited from being taken as hostages, they are not be treated as military targets and they are not to suffer from collective punishment. Unfortunately, the UN remains a toothless world body, almost powerless to impose authority on countries that are signatories to the Geneva Conventions.
Ruminating on the 75-year history of the Geneva Conventions, I ask myself, where did the world go wrong?
The UN is meant to be a governing body that is expected to make the best decisions for the sake of peace, but what we have, in reality, is a body that only protects the partisan interests of the major power players within an un-reformed UN Security Council. Since its inception, the UN and international law have failed many times to protect people: in Bosnia, Rwanda, Myanmar, Afghanistan, Iraq, Syria, Libya, Sudan, Chechnya, Ethiopia, Ukraine, the Democratic Republic of Congo… The list goes on, and we are currently seeing those failures play out right now in the form of the recent destruction of Gaza.
The recent International Court of Justice (ICJ) ruling against Israel can be seen as the highest court in the world, packed with learned judges from around the world, giving a ruling that has been blatantly ignored by the state of Israel, whose behaviour is backed by the supposed leader of the free world, the United States of America.
Immediately, we are reminded of the total war of World War II, a mere 79 years ago: shredded cities, torture camps, streaming refugees, the whole lot. The UN doesn’t have a way to force a country to follow its recommendations. This means that often, the General Assembly might agree on an issue like a ceasefire in Gaza, but if there is a veto from one of the permanent five nations on the Security Council, the will of the world is placed on hold for their partisan interests. There have been calls to reform the Security Council of the UN but unfortunately, it benefits the permanent five to be just that, permanent, to forever hold the world at ransom for their selfish interests.
Every day, we see some of the most horrific images and videos coming out of Gaza, Congo and Sudan. The UN watches on powerlessly, issuing pronouncements, desperately trying to coordinate aid while the powerful nations equivocate and then sign off on massive arms shipments to continue the slaughter. It remains an ongoing pattern because humanity can’t seem to shake off its mania for subjugation.
Who can forget that when the United States of America invaded Afghanistan and Iraq on false charges of weapons of mass destruction and then committed numerous war crimes, the UN was powerless to hold the US to account? Isn’t it funny how these powerful nations can wear international law like a jacket, to be taken off when it’s inconvenient, but somehow, the arms of justice seem to only reach those who are from the developing world?
The Hague has yet to prosecute leaders from the West who have committed crimes against humanity, but that looks like it will change with International Criminal Court prosecutor, Karim Khan, who has said that he intends to prosecute both Israeli and Hamas leaders for crimes against humanity, much to the chagrin of the US.
The way the world reacted when Russia invaded Ukraine should show us all that there can be solidarity and respect for the international rule of law. That law, however, can’t be relegated to countries that we like the least or that have the least power. We can’t turn our backs on the international laws that are currently being broken in Sudan, Congo, Myanmar and Palestine.
As a country, we can be proud that we took Israel and its allies to the ICJ but the global south still has a long way to go before we can see international law truly start to be enforced. This is only the first step on a long road toward true peace and accountability for war criminals. The rule of international law must be protected to avoid another world war, but I doubt that will happen.
Perhaps we will only learn to truly value international law afterwards: “Logic is the beginning of wisdom, not the end.” – Spock
* Ayanda Sishi-Wigzell is a social and political commentator, and a radio host.
** The views expressed here are not necessarily those of Independent Media or IOL.