32.2.1 The development and spread of the rule of law

The Development and Spread of the Rule of Law

Post-World War II Development:

After World War II, the United Nations (UN) aimed to establish a global order based on the rule of law and respect for human rights. The Charter of the United Nations (1945) set the stage for this new world order, emphasizing cooperation over conflict among nation-states. In 1948, the Universal Declaration of Human Rights (UDHR) was adopted, establishing an international standard for human rights. However, the onset of the Cold War, marked by events like the Soviet takeover of Czechoslovakia and the Berlin Airlift, soon overshadowed these ideals. The rivalry between the USA and the Soviet Union led to a gridlocked UN, where each superpower vetoed the other's resolutions. Consequently, the advancement of human rights was often sidelined in favour of strategic interests and security concerns.

The Clinton Doctrine and the Responsibility to Protect:

In the post-Cold War era, there was renewed interest in enforcing international law. President Bill Clinton, in his 1999 speech, articulated principles that later influenced the UN's Responsibility to Protect (2005). Clinton argued that genocide and ethnic cleansing could never be considered purely domestic issues and that the international community, particularly the USA, should be prepared to intervene to prevent such atrocities. However, critics noted inconsistencies in Clinton's approach, such as the withdrawal of US troops from Somalia in 1993 and the inaction during the Rwandan genocide in 1994. Despite these criticisms, the Clinton Doctrine emphasized the importance of upholding the rule of law in international affairs, even within sovereign states.

Trump's Realist Approach:

In contrast, President Donald Trump's administration marked a shift towards a more realist approach in international relations, prioritizing stability over moral interventionism. During his 2016 campaign and presidency, Trump emphasized that the USA would seek friendship with other nations but that each nation had the right to prioritize its own interests. This was evident in his response to the Syrian chemical weapons attack in 2017, where Trump ordered a military strike against Syrian government facilities. While European leaders supported the strike as an assertion of justice, Russia condemned it as an attack on Syrian sovereignty. This incident highlighted the tension between upholding international law and respecting state sovereignty.

Spread and Challenges:

The spread of the rule of law has faced significant challenges, especially in the context of global power dynamics and conflicts. The ideal of the rule of law, as envisioned by post-war institutions like the UN, often clashes with the realities of international politics, where strategic interests can overshadow legal and moral considerations. Nonetheless, the rule of law remains a central tenet of liberal democracies and continues to influence global governance and international relations.