All states are sovereign, but some are more sovereign than others

Published on: 13 November 2023, 02:07 pm
If the US and Israel want to move beyond victor's justice, they should make sure that the same laws apply to them and the same consequences follow for the violation of international humanitarian law (IHL) by their leadership as were to follow if a weaker country like North Korea violated IHL.
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GEORGE Orwell famously wrote, "All animals are equal, but some are more equal than others."
It was a political allegory that critiqued the Russian Revolution, highlighting the hollowness of the communists' claims of equality in the socialist regime, which remained good in theory and inapplicable in practice. This allegory perfectly describes the international dynamics and State hierarchies in the twenty-first century.
The United Nations (UN) is based on the principle of the sovereign equality of all its members. All States enjoy sovereign equality. They have equal rights and duties and are equal members of the international community, notwithstanding differences of economic, social, political or other nature.
IHL and its violations by the IDF
With the principle of sovereign equality in our minds, let us turn to the recent developments with a critical eye. Newsmedia and reports by non-governmental organisations are filled with reports on the violations by the Israeli Defence Forces (IDF) of the international humanitarian law (IHL), a body of rules aimed at limiting the effects of armed conflict.
IHL, rooted in the Geneva Conventions of 1949 and customary international law, is designed to safeguard civilians and restrict use of weaponry and combat tactics. Its provisions, which are binding on all States in a conflict, prohibit indiscriminate attacks, targeting civilians and collective punishment.