HUMANITARIAN LAW AT CROSSROADS: WORLD POWER POLITICS AND THE PRICE PAID BY HUMANITY

Introduction

International Humanitarian Law (IHL) was crafted to protect civilians and combatants hors de combat during armed conflicts, drawing mainly from the Geneva Conventions of 1949 and their Additional Protocols.

Yet, in 2025 the world sees major-power rivalries and regional wars where humanitarian safeguards are repeatedly ignored, creating a troubling gap between law and reality.

Current Global Landscape

Protracted conflicts in Ukraine, Gaza, Sudan, Yemen, and Myanmar have seen indiscriminate attacks, blockades, and civilian displacement despite clear IHL prohibitions.

Power politics in the UN Security Council often paralyses collective action: permanent-member vetoes stall referrals to the International Criminal Court (ICC) and block binding ceasefire resolutions.

Non-state actors and private military companies complicate accountability, as IHL’s traditional state-centric framework struggles to adapt.

Legal Framework & Gaps

• Core Instruments: Four Geneva Conventions (1949) and Additional Protocols (1977) remain the backbone, alongside customary IHL.

  
  

• Enforcement Weakness: The ICC prosecutes only select cases, while powerful states that are not parties to key treaties (e.g., U.S., Russia, China and the Rome Statute) escape direct jurisdiction.

  
  

• New Warfare Domains: Cyber-operations, autonomous weapons, and AI-driven targeting raise questions not fully addressed in existing conventions.

  
  

Humanitarian Costs

• Civilian casualties & displacement: Millions displaced in Ukraine and Sudan; thousands killed in Gaza and Yemen despite protected-person status under IHL.

  
  

• Infrastructure destruction: Targeting of hospitals, water facilities, and power grids—acts prohibited under Article 54 of Additional Protocol I.

  
  

• Impunity: Slow investigations and political shielding of allies erode deterrence, emboldening violators.

  
  

What Must Be Done

1. Strengthen Enforcement:

Universal ratification of the Rome Statute and stronger mandates for the ICC.

Support for independent investigative mechanisms like the UN’s IIIM (Syria) or Ukraine’s special tribunals.

2. Update Treaties:

Negotiate protocols on cyber warfare, autonomous weapons, and private military contractors.

3. Reform UN Security Council:

Curb or condition the veto in cases of mass atrocities to prevent paralysis.

4. National Implementation:

Domestic laws criminalising war crimes and allowing universal jurisdiction prosecutions.

VIDHIGYATA INSIGHT

> “Humanitarian law is only as strong as the political will to enforce it.

Until major powers accept legal limits and victims can reach impartial forums, the promise of the Geneva Conventions will remain unfulfilled.”

Takeaway:

• International Humanitarian Law remains a vital moral and legal shield, but world-power rivalries and selective compliance threaten its effectiveness.

• Strengthening global institutions, updating norms for modern warfare, and ensuring universal accountability are essential to prevent future humanitarian catastrophes.