Hegemony of the might over international law


International law should not only protect the interests of those who operate the international system, but should also strive to preserve the rights of judicially equal members of the world. International laws were created to promote peace and security in the world, and to eliminate violations in the globe. The United Nations Security Council (UNSC) was created in 1945 to require and compel all states of the world to follow the international law in order to maintain global harmony and security. The international laws were established so that these laws were equally applied to all states of the world. But in contrast, the hegemonic states who run the machinery of the world only adopt those laws that are in their interest and neglect the other ones. Hegemonic states establish and maintain the rules of the international game.

The international system is only favorable to the powerful states as the world order is made by them and the other states have to follow the orders of them. In this global system, the power is distributed unevenly among the states. The hegemonic states only assume responsibility for performing the necessary tasks associated with maintaining world order that are in their interest. As the world order is run by the hegemon so only those interests and rights of humans are protected which are in the interest of the hegemon and other rights are neglected.

If we look at the appraisal of human rights in the world, then we can glance numerous instances of the countries where human rights violations are occurring e.g., in Kashmir, Syria, Myanmar, Yemen, Palestine and Syria and so forth. But the hegemonic states have not taken any action to end this massive crime against humanity because it is not in their interest. The international community is silent against the violation of human rights in Indian Occupied Kashmir and elsewhere. The UN troops are likewise not intervening in these states. Why is that so? The crime is happening against the humanity but the protectors of human rights are quite on this violent issue.

Moreover, international human rights law only work according to the interest of the hegemon but it should equally apply to all the states and to the humans. As the principal purpose of international human rights law is to protect the rights of all human beings. So, the hegemonic state not only think about their interest but to secure the rights of all humans. They need to resolve the issues of human rights violations. They need to do mediation or diplomacy with the states where human rights violations are happening in order to protect the human rights. If it is not workable then all other states need to boycott trade with violating state. Because not only hegemon but all other states and International Organizations are also responsible to secure human rights. They need to impose penalties, embargoes and completely cut the relations with the violating state. The powerful states need to intervene in the violating state.

Furthermore, if we look at the laws on climate change then again we can see the inequality in terms of application. For example, the Kyoto Protocol deal which was formed to reduce the emission of greenhouse gases in the atmosphere in order to protect the climate. The USA did not become a signatory to this because it was not in their interest. So, international relations and order is guided by realism which works under hegemonic logic whereby their moral preferences, objective and interests are valued. In doing so, a hegemon only overlook at those issues of the world which are in their interest. Thus, the hegemonic states who are the protectors of the world, need to equally follow all laws as other nations of the world are following them.

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