Senior advocate and former Solicitor General of India Harish Salve warned that the global rule-based system underpinning international law is eroding, arguing that power politics is increasingly replacing legal norms in global conflicts.
Speaking to India Today, Salve said recent wars and geopolitical tensions suggest that international law is losing its practical influence over powerful nations.
“I don’t think public international law today is really of any operative importance to certain countries,” Salve said. “It’s more for academics to debate than for countries to abide by.”
‘RULE-BASED ORDER BEING PUSHED ASIDE’
Salve said the framework created after World War II, anchored in the United Nations Charter, was meant to restrain countries from using force unless in self-defence or with approval from the United Nations Security Council.
But he argued that in practice, those rules are increasingly being ignored.
“A rule-based order everybody speaks about it,” Salve said. “But today it is being put to one side. Now it is a force-based order.”
He said international law allows military action only when a threat is imminent or when a country acts in self-defence, after which the issue should immediately be taken to the UN Security Council.
Salve said even when countries violate international law, the global system offers few effective remedies.
“The United Nations, in theory, can pass sanctions,” he said. “But then you have the UN Security Council, which has a veto. If you veto it, the resolution gets sidestepped.”
In practice, he argued, enforcement often fails against powerful states.
“Let’s be clear. There’s no effective relief against big countries. It’s only against the smaller countries who are affected by sanctions,” he said.
NO LIABILITY FOR INDIA OR SRI LANKA
During the interview, Salve was also asked about Iran’s claim that the vessel Iris Dana, which Tehran said was hosting Indian guests, was attacked by the United States in waters near Sri Lanka.
Salve said the incident appeared to have taken place in international waters and that neither India nor Sri Lanka would bear legal responsibility.
“I believe it was in international waters,” he said, adding that the vessel had issued a distress call and the Sri Lankan navy responded.
“They acted with alacrity and tried to rescue those on board,” Salve said.
He noted that if a US submarine was involved in the attack, it would be unrealistic to expect a smaller regional navy to intervene militarily.
“Within the limits of their own safety and security, they’ve acted and tried to rescue the soldiers and do whatever they had to do,” Salve said.
CAN POWERFUL NATIONS BE SUED?
Salve also said there are few legal avenues to hold sovereign states accountable in domestic courts.
“No sovereign country can be sued as such in a municipal court,” he said.
Even if legal challenges were attempted, he said governments could invoke sovereign immunity.
“The government will always plead sovereign immunity and say it is their assessment whether they should go to war or not,” Salve said.
FRAGILE RULE-BASED SYSTEM
Salve described the international rule-based system as fragile and dependent on responsible leadership.
“Democracy and a rule-based order are very fragile virtues,” he said. “They need good sense.”
He warned that if the world shifts permanently toward power politics, international institutions would struggle to enforce peace.
“If we put all rules to one side and say might is right, then where is the remedy?” Salve asked.
PUBLIC OPINION AS THE ULTIMATE CHECK
Salve said the most powerful restraint on governments may not come from courts or international institutions but from citizens themselves.
“There is no substitute for the power of the people, for the power of public opinion and good sense in a democracy,” he said.
He added that global stability depends on restoring respect for rules rather than allowing military strength to dictate international relations.
“If it becomes a might-based order rather than a rule-based order,” Salve said, “very little can be done.”
– Ends
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