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International Law

State anti-semitism: Doctors’ plot as an abandoned holocaust amid the Stalin’s Russia

Nargiz Hajiyeva

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In today’s world, why does the world community always focus on the merely one Holocaust committed by Hitler’s Germany, which was subjected to fervent interests and ideas on disposing “Enlightenment” policy of Nazi Germany amid the Hitler’ regime?!- But indeed, it is undeniable fact that a civil society in different periods observed far more anti-Semitist campaign against Jewish community with their own eyes along the history.

Hence, nefarious anti-Semitism not only did splash its venomous seeds onto merely Nazi Germany but also the Soviet Union during the Stalin’s regime. Basically, when it comes to interpret the anti-Semitist campaign against Jewish society, the most brutal and unbearable anti-Semitist policy after the Nazi Holocaust was the extreme state anti-Semitism which was imposed by Stalin in the shadow of the Soviet Union and caused the unending prosecution and then annihilation of hundreds of people, mainly some of Soviet Leaders and necessary Jewish physicians between 1948 and 1953.

The main conspiracy of state anti-Semitism in the Soviet Union was Doctors’ Plot (Doctors’ Affairs) had historically been scrutinized as the peak point of the nasty anti-Semitic campaign undertaken by Stalinist Russia that mainly premised on the anti-cosmopolitism and anti-Semitist thoughts and ideas. To a large extent, the severe culmination of the vicious anti-Semitic movement was undertaken by Stalin in the last years of his life. In the late periods of 1948, the animosity and anti-cosmopolitan thoughts and ideas against Jewish dwelled in the Soviet Union drastically increased.

The pivotal trigger for the inception of the diabolical plan so-called Doctors’ Plot was the death of Andrei Zhdanov in 1948. Prior to becoming Chief of Central Committee, he was the head of Leningrad party. In the late of 1952, Stalin accused a group of doctors with Jewish background along with Soviet leaders Viktor Abakumov, Ministry of Security and Nikolai Vlasik, head of Kremlin Guards of being in charge with the assassination of A. Zhdanov. The main evidence regarding that event was the letter written by Dr. Lidiia Timashuk who worked in Kremlin hospital cardio-graphic division ignited the mass hysteria and fear between Soviet Leaders and community. The letter written to Stalin alleged that the death of A. Zhdanov was an intentionally medical wrong treatment. Afterwards, a large number of doctors with a Jewish background, (among them Miron Vovsi, Chief internist) alleged in medical malpractice and wrongdoing treatment were committed to interrogation; some of them were arrested and exterminated. On the other hand, the cousin of Miron Vovsi, Solomon Mikhoels, who was the director of Moscow State Yiddish Theatre, was assassinated in 1948.

Apparently, they turned into the wrecked victims of Stalin’s evil Jewish conspiracy. Stalin had in mind to involve more and more people around the net of denunciations of multidimensional conspiracy. Thus, the severe condemnations came to include the prestigious Jewish physicians such as Yakov G. Etinger, Sophia Karpai were arrested. After that, Dr. Etinger died in the mysterious condition in prison amid the process of questioning and torture in 1951. In general, nearly 40 physicians with their wives were arrested between 1951 and 1953. As the “Plot” vastly extended, it did include other almost 20 Jews in 1953.

In fact, the Soviet Jewish conspiracy subjected to the implementation of anti-Semitic thoughts and anti-cosmopolitism against Jewish community revealed the internal and external fears and weaknesses of Soviet Union on its own and astounded its political and ideological walls.

The execution of Doctors’ Plot in Stalinist Russia stemmed from varied kinds of political and ideological factors. First and foremost, one of the crucial reasons why Soviet Jewish conspiracy was commenced is the inception of the Cold War with the West. Regarding the fact that although Stalin was characterized as a main rescuer of the Jewish community during the World War II   because he defeated the Nazi Germany in the war and released the Concentration Camps in the Eastern Part of Europe from Nazis. Amid those times, Stalin tried to use the “Jewish” affair as a means of propaganda against the West. It is undeniable fact that prior to the commencement of Soviet Jewish conspiracy, Stalin at initial times supported the foundation of Israel State of Jewish. On the other hand, the major power of the Bolshevik Party was the Jewish leaders.

Thus, by 1948 there were weird fears in Stalin’s mind that Israel Jewish, Jewish community in the Soviet Union, in particular, Russian Jews, assumed as conspirators and enemies were a potential menace to the Soviet State and they were dealing with secret relations with the American and British intelligence, and other security organs in order to break down the political and ideological basis of Soviet Union. According to Stalin’s mind, they were in secret ties with the West and supporting the interests of Jewish solidarity – “International Jewry” Eventually, the initial inception of the anti-Cosmopolitan campaign against Jewish mainly concerned on those ideological episodes.

Another critical reason was the Stalin’s severe health particularly physical condition. Upon the World War II, some kind of physical collapse emerged in his health and that caused him to make weird assumptions against Jewish. In fact, he was drowning in the bizarre thoughts and fears regarding the Jewish solidarity with the State of Israel and the West in order to destroy the Soviet Union. Finally, Stalin’s prevailing aim was to focus on the flawless administration by his own power. Therefore, the main raison d’être why Soviet Jewish were undergone anti-Semitic campaign is based on the strengthening and recombining of Stalin’s regime in an appropriate way.

Stalin not only did want to remove potential political leaders but also sprinkle the fatal seeds of Great Terror and replicate it again. Throughout those periods, he wanted to execute far more multi-dimensional anti-Semitic campaign against Soviet Jewish and turned them into the victims of his final “ethnic purge” campaign.

The death of Stalin on 5th March 1953 caused the dissolution of Doctors’ Plot trials and his multi-dimensional “Day X” plan. Prior to his death what was Stalin’s severe campaign regarding Day X plan?!- The plan was subjected to mass deportations and ethnic cleansing of Jewish people to newly constructed Concentration camps in Asia. After his death, it was revealed that Stalin in his secret speech had ordered the involving of Politburo members in the list of trial and then elimination of them one by one. In fact, Stalin did not have in mind to see far more powerful leaders above him and strive to maintain his long-lasting authority in Soviet administration. It was apparent that Stalin was preparing for the large-scale trials and massive deportations of Jewish people and striving to complete the final questions to the Jewish issue but, his death caused to bring the trials and persecutions to the end.

Upon Stalin’s death Khrushchev, Malenkov, Beria, and other Politburo members were afraid of Stalin’s severe anti-Western policy and they strived to close the relations with the West. Afterwards, Khrushchev came to the power and condemned the Jewish conspiracy so-called Doctor’s Plot as a Stalin’s bogus policy and began to the de-Stalinization campaign in the Soviet Union and unlike Stalin he undertook the new openness strategy with the West. As a consequence, Doctors’ Plot was rejected by other Soviet authorities and doctors arrested were released from prison and rehabilitated. Eventually, Soviet authorities began to implement the process of rehabilitation and exoneration of the Jewish victims.

Up to date, Stalin’s final plan still remains mysterious and the campaign of animosity against Jews in the Soviet Union as an “abandoned Holocaust” engenders some suspicious cases and questions in terms of the plan of mass deportation of Jews from major Russian cities to other parts of the Soviet State. Thereby, this article mainly identifies that the execution against Jewish people is inadmissible that took many lives during the term of mass hysteria, in order that the Doctors’ Plot as a concrete evidence of the violation of human rights, confessed the persecution of many innocent people alleged in medical malpractice and after the Nazi Holocaust it was the second crystal evidence of Soviet’s Holocaust against mankind along the history.

Ms. Nargiz Hajiyeva is an independent researcher from Azerbaijan. She is an honored graduate student of Vytautas Magnus University and Institute D'etudes de Politique de Grenoble, Sciences PO. She got a Bachelor degree with the distinction diploma at Baku State University from International Relations and Diplomacy programme. Her main research fields concern on international security and foreign policy issues, energy security, cultural and political history, global political economy and international public law. She worked as an independent researcher at Corvinus University of Budapest, Cold War History Research Center. She is a successful participator of International Student Essay Contest, Stimson Institute, titled “how to prevent the proliferation of the world's most dangerous weapons”, held by Harvard University, Harvard Kennedy School and an honored alumnus of European Academy of Diplomacy in Warsaw Poland. Between 2014 and 2015, she worked as a Chief Adviser and First Responsible Chairman in International and Legal Affairs at the Executive Power of Ganja. At that time, she was defined to the position of Chief Economist at the Heydar Aliyev Center. In 2017, Ms. Hajiyeva has worked as an independent diplomatic researcher at International Relations Institute of Prague under the Czech Ministry of Foreign Affairs in the Czech Republic. Currently, she is pursuing her doctoral studies in Political Sciences and International Relations programme in Istanbul, Turkey.

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International Law

Validity of Reservations of Bangladesh against Article 2 of CEDAW

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One of the greatest victories for the post-modern feminist movement in the arena of International Law was the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW, hereinafter, the Convention). Often termed as the harbinger of an alternative understanding of the feminist cause going beyond the Human Rights regime, the Convention heralded the greatest possible change in the Status of women, recognized internationally. Often regarded as the International Bill of Rights for Women, CEDAW is a comprehensive treaty on the rights of women and establishes legally binding obligations on the State Parties to follow the legal standards set by it to end discrimination against women by achieving equality between men and women. (Tackling Violence against Women, London School of Economic Blog)

Despite the theoretical attempts at establishing an equal society, for most part of the World, the coverage of the Convention is minimal. This is mostly because of the ‘reservations’ made by member States in the name of personal laws often originating in their religious set up. The personal laws in their very inception are rooted in the ideas of patriarchy, dominance of men, and lesser roles for women. Many instances from the sources of these personal laws would prove that men are in charge of women and hence can direct their personal spheres. These discriminatory personal laws are protected even in the most advanced constitutional setups either through a document or a bill of rights within the purview of Right to Religion. As a consequence, many countries in order to show their neutrality towards the concept of Religion and to establish the beautiful ideals of secularism tend to overlook the discrimination these religious laws preach.

In the current Article, the researcher provides an analysis as to what kind of reservations are permitted under the CEDAW, and how Bangladesh completely misunderstood its qualified right of Reservations, as an absolute right and established an anomaly, which doesn’t merely contradict its international commitments but also the fundamental principles of the Constitution of Bangladesh.

Concept of Reservations to Treaties

The existing ambiguities in the treaty reservations law have often led to irregularities and illegalities in law. In 1969 the Vienna Convention on the Law of Treaties was adopted to codify practice and provide legal guidance on the meaning of reservations and a uniform procedure for entering them. The Vienna Convention provides that reservations may not be made that are “incompatible with the object and purpose of the treaty.” (Vienna Convention on the Law of Treaties (23 May 1969), Entered into force 27 January 1980. United Nations, Treaty Series, vol. 1155, p. 331.) This provision raises as many questions as it answers, as the Vienna Convention does not define “object and purpose,” nor does it indicate what body has the power to determine validity. The Vienna Convention also provides for state parties to object to a reservation within twelve months of its entry. However, objections do not dispose of the question of validity, although some states have objected to reservations to CEDAW on the ground of invalidity. In 1994,M. Alain Pellet, the Special Rapporteur on Reservation to treaties, addressed various aspects of the reservation issues. The most significant for purposes of dealing with CEDAW and other human rights treaties is his discussion of reservations to “normative” treaties. The international human rights treaties differ from most other treaties in that their implementation is monitored by bodies that are established by the terms of the respective treaties. (Human Rights Committee, General Comment No. 24 on Reservations, CCPR/C/21/Rev.1/dd.6 (November, 1994), republished as HRI/GEN/1/Rev.6.) Despite establishments of treaty bodies, within the framework of treaties, who hold authority to judge any reservations on its merits, all these bodies have had issues with reservations.

The Convention permits ratification subject to reservations. Some state parties that enter reservations to the Convention do not enter reservations to analogous provisions in other human rights treaties. A number of states enter reservations to particular articles on the ground that national law, tradition, religion or culture are not congruent with Convention principles, and purport to justify the reservation on that basis. (Reservations to CEDAW, Available at: http://www.un.org/womenwatch/daw/cedaw/reservations.htm, accessed on 6/10/2019).Article 28 (2) of the Convention adopts the impermissibility principle contained in art. 19 (c) of the Vienna Convention on the Law of Treaties. The impermissibility principle states that any reservation which is incompatible with the object and purpose of the treaty shall be invalid. The CEDAW Committee considers art. 2 as the core provision of the Convention. The Committee holds the view that art. 2 central to the objects and purpose of the Convention and as a consequence its importance cannot be neglected. States parties which ratify the Convention do so because there exists an agreement between all the states that any form of discrimination against women in all its forms should be condemned and that strategies set out in art. 2, should be implemented by States parties to eliminate it. How far the traditional, religious or cultural practice, incompatible domestic laws or other policies can justify violations of the Convention, needs some thorough scrutiny.

Fundamental Rights under the Constitution of Bangladesh

Article 7 of the Constitution of Bangladesh, 1972 refers to Supremacy of Constitution and all powers to be exercised in consonance with the same, as it manifests the will of the people of the Republic. The Constitution also guarantees various fundamental rights to its citizens and explicitly states than any law inconsistent with the Fundamental Rights shall be void. The Constitution also promotes equality (art. 27, Constitution of Bangladesh) and prohibits any form of discrimination against women in all spheres of state and in the public life (art. 28(2) Constitution of Bangladesh). Despite these provisions proclaiming equality and non-discrimination against women in the law of the land, Bangladesh holds reservations against art. 2 of the Convention, which, as already discussed above is crucial for the objects and purposes of the Convention. The ground, as repeatedly claimed by Bangladesh, for such reservation is that these provisions contradict the Sharia Law based on Holy Quran and Sunnah. As a response to this, neither the Committee nor any State party has belaboured the issue. Bangladesh withdrew the reservations to Articles 13(a) and 16 (1) (f) of the Convention in 1997 but has not withdrawn the Article 2 and Article 16 (1) (c). The Committee has continued to press on the question of withdrawing the remaining reservations, however mostly unsuccessfully.

Periodic Committee Reports at a glance

Soon after the ratification of the treaty, in 1996 the Ministry of Women and Children’s Affair constituted an inter-ministerial committee to review the reservations to the Convention. The report of the Committee reaffirmed the supremacy of the law, and stated that Bangladesh doesn’t have Sharia Law as such rather certain provisions have been codified into legislation. Also, the report suggested that the provisions of Sharia are not immutable and hence can be reinterpreted as per need of time. (Committee on the Elimination of Discrimination against Women, Third and Fourth Report of State Parties: Bangladesh, CEDAW/C/BGD/3-4 p 26 (April 1, 1997)).

Again in 2004, during the 31st session of the CEDAW, in its fifth report the Bangladeshi representative asserted their intention to withdraw all the reservations. The Committee was gratified to hear that Bangladesh intended to withdraw its reservations to the Convention in the near future. In doing so, it would ensure the effective implementation of the Convention and send a significant message to other Muslim nations. (Committee on the Elimination of Discrimination against Women, Fifth Report (Continued), Summary Record of 654 Meeting, CEDAW/C/BGD/5, para 61, (July 9, 2004))

Regarding the optional protocol, Dubravka Šimonović, Special Rapporteur on Violence against Women, observed, although Bangladesh had ratified the Optional Protocol to the Convention, its reservations to articles 2 and 16.1 (c) effectively meant that the Optional Protocol was not applicable regarding certain rights provided for in the Convention. She remarked that the Bangladeshi delegation had stated that the Government was gradually taking steps to implement the equal rights guaranteed to men and women under the Constitution, and she would appreciate knowing why that was the case, since those rights should be granted, not on a gradual basis, but immediately. (Convention on Elimination of All forms of Discrimination Against Women, 5th Periodic Report: Bangladesh, Summary Records CEDAW/5/SR.653 (12th August 2004)) The fifth periodic report also focused on the ongoing role of NGOs and other Civil Societies stating their lobbying efforts and advocacy attempts to remove reservations from the Article 2 and 16.1 (c).

Most recently, the 8th Periodic Report submitted in 2016, recalled the importance of Law Commission (hereinafter, LC) reports, which is a statutory body empowered to recommend enactment, amendment or repealing of laws relating to fundamental rights and values of society. Since 2009, the LC has suggested reform of laws for the promotion of human rights, including prevention of sexual harassment in educational institutions and workplaces, prevention of violence against women, protection of victims and witnesses to grave offences, reform of Hindu family laws and the withdrawal of reservation on the two Articles (2 and 16.1(c) of CEDAW. (Convention on Elimination of All Forms of Discrimination Against Women, 8th Periodic Report: Bangladesh, May 2015) In the report, the Bangladeshi representative submitted that the Government is aware about the potential movements by the Islamic fundamentalist groups against the withdrawal of the reservations. Therefore, cautious steps are being taken so as not to jeopardize application of the principles of CEDAW. Partnership and cooperation with civil society is essential to create a positive environment for the withdrawal of reservation.

The abovementioned constitutional provisions and periodic reports show that despite being an equal society, at least constitutionally, the abovementioned reservations appear highly mis-founded as they can essentially have only two understandings- first, Sharia is inherently discriminatory against women; Second, Bangladesh has wrongly appreciated and understood Sharia, which has misguided such reservations. While the first one could not be agreed for most of its part, as 29 out of 57 members of Organization of Islamic Cooperation (OIC), with Sharia law in force, have ratified the treaty without any reservations. When it comes to Second observation, then it can be affirmatively said that the Bangladeshi reservation is rooted in the wrong conception of its own religious conceptions and practices. Various reports suggest that the Sharia is not immutable and such changes can be made as per the needs of time. This can be regarded as one of the most important times where call for such amendments in the Bangladeshi understanding and interpretation of Sharia Law as the crime against women in the South Asian region is on all-time high. (See Media Report)

Concluding Remarks

In light of the above-mentioned facts it becomes imperative to understand the prospects of such reservations both in law and in practice along with the methods of tackling the existing obstacles in the implementation of women centric legislations. While Bangladesh has accepted the irregularity of its reservations to the CEDAW in every periodic report submitted to the CEDAW, yet any action for the withdrawal of the same is still an implausible idea because of the pressure on the Government exerted by fundamentalist groups active in Bangladesh. As the reservation contradicts various provisions of the Constitution of Bangladesh like Articles 26, 27, 28, 29, etc, they are inherently invalid. But despite the vehement oppositions from various NGOs and civil societies to the reservations, no such remark has yet been made by the judiciary of Bangladesh. Along with reiteration of supremacy of constitution over sharia law, it is necessary for the courts to remove the divide between public and private spaces. While private spaces are completely untouched by the State, it is imperative that the manifestations of such personal practices which become social factors should be regulated. Alternatively, reading the reservation invalid within the purview of Sharia Law can be another plausible task that the Government can undertake. Taking into consideration the examples of other Islamic nations, which have no reservations against the CEDAW, can also be beneficial to the withdrawing of reservation procedure. These exemplified and exalted examples of law in other Islamic nations which don’t have reservations can help Bangladesh cope up with the resistance to the withdrawal by the fundamentalist forces.

Regarding reservations of Bangladesh, it can be concluded that they are highly misplaced because of inherent problem in their conception. States are required to be proactive in adopting laws and policies to eliminate discrimination against women and in attempting to modify or abolish discriminatory “customs and practices.” As the article lays out the fundamental requirement to comply with all articles of the Convention in the State party’s constitution, statutes, and policies, it is imperative for Bangladesh to withdraw the same.

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International Law

Schweitzer’s ‘Reverence for Life’ In the Age of Trump and Modi

Dr. Arshad M. Khan

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Forever known by his phrase ‘reverence for life’, Albert Schweitzer was a theologian, moral philosopher, physician and missionary.  He was born in Alsace when it was German, and became a French citizen when it reverted back to France after the First World War.

To him this reverence implied regard for and a duty to all human beings, not “confined to blood relations or tribe” (The Teaching of Reverence for Life, Holt, Rinehart and Winston, 1965, p. 9).  It is an inspiring thought for it leads naturally to peace and the end of wars.  He did not claim originality for the idea, noting that Lao-Tse and Confucius among others had already preceded him in espousing it (pp. 9-10).  He merely promoted it.

In this he was also of like mind with the 18th century Scottish philosopher, David Hume, who reminded us of conscience and the ability to distinguish between good and evil.  We are strings, he said, “that vibrate in sympathy with others”, endowed with a natural good that propels us to help our neighbors or the distressed (p. 20).  I am reminded of my father who always said, “You don’t treat a disease; you treat a patient.”

And then one wonders if these instincts have been consciously suppressed in some human beings.  One can think of two current leaders in particular:  Donald Trump and Narendra Modi.  Trump’s assertion, “he died like a dog” grates even if one violently disagrees with al-Baghdadi’s methods, wrenched as he was from the normal course of his life by a US invasion predicated on false charges.

Then there is Modi and his drumbeat of upper caste Hindu supremacy.  As US Representative Ro Khanna noted forcefully in a tweet, “It is the duty of every American politician of Hindu faith to stand for pluralism, reject Hindutva, and speak for equal rights for Hindus, Muslims, Sikhs, Buddhists and Christians.”

It was only a few days ago in India that a 27-year old Dalit man was beaten mercilessly and tossed in the river to die.  He had been fishing.  His crime:  a refusal to give his catch to a nearby Brahmin who wanted an equal share.  If it needs reminding, a Brahmin belongs to the highest caste, a Dalit or Untouchable to the lowest — someone who is frequently not allowed to use the village well.  The Dalit man killed was the sole support of his family.

For the people of Kashmir there is little respite.  A beautiful valley that could attract tourist dollars, instead is invaded by Indian troops.  When the Kashmiris protest their humiliation through demonstrations, even children are blinded by pellet guns.  Photos show decaying towns where empty streets are patrolled by sullen soldiers.

Then there are Palestinians, frequent casualties of the Israeli military, living the daily humiliations and frustrations of life between checkpoints — a life in prison in the case of Gaza where the soccer team is denied travel permits to play in a local tournament against a West Bank team.  I 

Gaza’s native son Dr. Ramzy Baroud shines a frequent light on the dark horror of three-quarters of a century of occupation.  Frequent articles and four books including the latest “These Chains Will be Broken” published this year– keep the world informed.

Dr. Izzeldin Abuelaish is a peace activist.  His moving memoir I Shall not Hate followed a tragedy.  During the 2008 – 2009 Gaza invasion, a tank stationed itself outside his home (well known to the Israelis) and fired a shell killing three of his daughters aged 13, 15 and 21, and seriously injuring another who was 17.   In that war one of his nieces also died and another niece was grievously injured.

Who was it who said, “Power corrupts and absolute power corrupts absolutely.”  The good doctor’s book is subtitled, “A Gaza Doctor’s Journey on the Road to Peace and Dignity.”  It is a common quest across the world.

In Chile, protesters show no let-up and the country is unable to host the COP 25 climate change meeting.  Spain has offered to step in, despite its own Catalan independence movement problems. 

The Chile protests have so far resulted in 20 deaths and thousands injured.  Starting with a student protest on October 18 over a rise in Metro fares, they have ballooned to a million at one demonstration, the largest in the country’s history.  Vandalism, looting, bus burning are often a consequence and clashes with security forces follow.  President Sebastian Pinera has been obliged to reverse the fare increase, and is also promising higher taxes on the wealthy as well as an increase in the minimum wage. 

Examples of human strife do not end here.  Yet in the present era there is a common goal for humanity when it faces the existential threat of climate change.  Surely then we can form a common bond, extend Schweitzer’s reverence to include all life, and strive to save our one and only home.  As Schweitzer observes (p. 31), “Reverence for life, arising when intelligence operates upon the will to live, contains within itself affirmation of the universe and of life.”

Author’s note: This article appeared first on Counterpunch.org 

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International Law

Salvaging international law: The best of bad options

Dr. James M. Dorsey

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These are uncertain times with trade wars, regional conflicts and increased abuse of human and minority rights pockmarking the transition from a unipolar to a multipolar world. What may be potentially the most dangerous casualty of the transition is the abandonment of even a pretence to the adherence to international law.

Violations of international law and abuse of human and minority rights dominate news cycles in a world in which leaders, that think in exclusive civilizational rather than inclusive national terms, rule supreme.

Examples are too many to comprehensively recount.

They include semi-permanent paralysis of the United Nations Security Council as a result of big power rivalry; last month’s Turkish military incursion into northern Syria in a bid to change the region’s demography; ethnic cleansing of the Rohingya in Myanmar; disenfranchisement of millions, predominantly Muslims, in India; and a Chinese effort to fundamentally alter the belief system of Turkic Muslims in the troubled north-western province of Xinjiang.

It’s not that international law was adhered to prior to the rise of presidents like Donald J. Trump, Vladimir Putin, Xi Jinping, Victor Orban of Hungary, and Recep Tayyip Erdogan of Turkey or Indian Prime Minister Narendra Modi.

It wasn’t. Witness, as just one instance, widespread condemnation of the 2003 US invasion of Iraq as a violation of international law.

The silver lining at the time was the fact that international law was at least a reference point for norms and standards by which leaders and governments were judged. It still is, at least theoretically, but it no longer is the standard to which leaders and governments necessarily pay lip service. Today, they do so only when opportunistically convenient.

Instead, violations of territorial sovereignty, as well as human and minority rights, has become the norm.

It also is the de facto justification for the creation of a new world order, in which a critical mass of world leaders often defines the borders and national security of their countries in civilizational and/or ethnic, cultural or religious terms.

The abandonment of principles enshrined in international law, with no immediate alternative standard setter in place, raises the spectre of an era in which instability, conflict, mass migration, radicalization, outbursts of popular frustration and anger, and political violence becomes the new normal.

Last month’s killing of Kamlesh Tiwari, a Hindu nationalist politician in Uttar Pradesh, because of a defamatory comment about the Prophet Mohammed that he allegedly made four years ago, reflects the deterioration of Muslim-Hindu relations in Mr. Modi’s increasingly Hindu nationalist India.

Perhaps more alarming is the recent declaration by Oren Hazan, a Knesset member for Prime Minister Binyamin Netanyahu’s Likud party, that China’s incarceration of at least a million Muslims in re-education camps, or what Beijing calls vocational education facilities, was a model for Israel in its dispute with the Palestinians.

Equally worrisome is last month’s revocation by Mr. Putin of an additional protocol to the Geneva Conventions related to the protection of victims of international armed conflicts. Mr. Putin justified the revocation on the grounds that an international commission, set up in order to investigate war crimes against civilians, risks abuse of the commission’s power “by the states, which are acting in bad faith.”

Russia alongside Iran and the government of President Bashar al-Assad have been accused of multiple war crimes in war-ravaged Syria. So have anti-Assad rebels, irrespective of their political or religious stripe.

Russia’s withdrawal from the Geneva protocol, Mr. Hazan’s endorsement of Chinese policy and Turkey’s intervention in Syria in an environment that legitimizes abandonment of any pretext of adherence to international law as well as ultra-nationalist and supremacist worldviews are indicators of what a world would look like in which laws, rules and regulations governing war and peace and human and minority rights are no longer the standards against which countries and governments are measured.

The fact that Mr. Al-Assad, a ruthless autocrat accused of uncountable war crimes, is increasingly being perceived as Syria’s best hope after more than eight years of brutal civil war aggravated by foreign intervention, drives the point home.

“As depressing as it is to write this sentence, the best course of action today is for President Bashar al-Assad’s regime to regain control over northern Syria. Assad is a war criminal whose forces killed more than half a million of his compatriots and produced several million refugees. In a perfect world, he would be on trial at The Hague instead of ruling in Damascus. But we do not live in a perfect world, and the question we face today is how to make the best of a horrible situation,” said prominent US political scientist Stephen M. Walt.

The problem is that stabilizing Syria by restoring legitimacy to an alleged war criminal may provide temporary relief, but also sets a precedent for a world order, in which transparency and accountability fall by the wayside. It almost by definition opens the door to solutions that plant the seeds for renewed conflict and bloodshed.

International law was and is no panacea. To paraphrase Mr. Walt’s argument, it is the best of bad options.

Abandoning the standards and norms embedded in international law will only perpetuate flawed policies by various states that were destined to aggravate and escalate deep-seated grievances, discord and conflict rather than fairly and responsibly address social, cultural and political issues that would contribute to enhanced societal cohesion.

Identifying the problem is obviously easy. Solving it is not, given that the players who would need to redress the issue are the violators themselves.

Ensuring that nations and leaders respect international law in much the same way that citizens are expected to honour their country’s laws would have to entail strengthening international law itself as well as its adjudication. That would have to involve a reconceptualization of the United Nations Security Council as well as the International Court of Justice.

That may not be as delusionary as it sounds. But leaders would have to be willing to recognize that criticisms of the application of international law, like Mr. Putin’s objections to the way the Geneva protocol is implemented, have a degree of merit.

In other words, like national laws, international law will only be effective if it is universally applied. Western legal principles insist that no one is exempt from the law. The same should apply to states, governments and leaders.

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