21st Century Decline of War Restraints

War 1, Law 0: The 21st Century Decline of Legal Restraint Against War

Olivia Mitchell

This paper investigates the decline of the relevance of jus ad bellum, or the law governing the right to war, in the 21st century. Despite its foundational role in international law, jus ad bellum presents a complex and discordant framework, exacerbated by conflicting state practices and institutional limitations. Drawing on historical insights and contemporary examples, the paper highlights the ambiguities surrounding key concepts such as anticipatory self-defence and humanitarian intervention, illustrating the tension between established legal norms and the actions of states. The case of the 2003 Iraq War serves as a focal point, exposing the erosion of legal standards as powerful nations prioritise self-interest over compliance with international law.

Additionally, the dysfunctionality of the United Nations Security Council, particularly its gridlock caused by the veto power of its permanent members, underscores the challenges facing the enforcement of jus ad bellum. Ultimately, this paper argues for a critical re-evaluation and reform of the legal frameworks governing the use of force, emphasising the necessity to align legal principles with the realities of international relations in order to promote justice, accountability, and global stability.

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