The Erosion of International Humanitarian Law: A Looming Crisis
International humanitarian law (IHL), the body of rules designed to limit the effects of armed conflict, is facing an unprecedented challenge. Recent analysis reveals a disturbing trend: violations are no longer isolated incidents but are becoming systematic, widespread, and largely unpunished. This isn’t a failure of the laws themselves, but a failure of political will to enforce them.
The Pattern of Abuse: From Gaza to Sudan
Between July 2024 and the end of 2025, a consistent pattern emerged across 23 armed conflict zones. Civilians are being killed, abused, and starved on a massive scale. The situation in Gaza, described as genocidal violence, and the renewed risk of genocide in Sudan, are particularly alarming examples. Conflict-related sexual violence has reached epidemic levels, with documented cases including attacks on children as young as one, occurring in Colombia, the Democratic Republic of Congo, Myanmar, and Sudan.
The Arms Trade: Fueling the Fire
A key driver of this crisis is the continued flow of arms to conflict zones, despite clear evidence of violations. The United Nations Arms Trade Treaty, ratified by major exporters like China, France, and the United Kingdom, aims to prevent arms transfers that could be used to commit serious violations of international law. Though, strategic and political considerations frequently override legal risk assessments. Continued arms exports to Israel and Russia, despite documented civilian harm, demonstrate this failure.
Precision and Proportionality: Areas of Legal Ambiguity
There’s a fundamental lack of clarity surrounding two critical rules within IHL: the permissible proximity of attacks to military targets and the acceptable level of incidental civilian harm when targeting a military objective. This ambiguity allows for greater latitude in the conduct of hostilities, often at the expense of civilian lives. Restricting air-delivered weapons to precision-guided munitions could significantly reduce civilian casualties.
The Rise of Drone Warfare and New Challenges
State and non-state actors are increasingly utilizing drones in armed conflict. Russian forces in Ukraine, and groups like JNIM in the Sahel, Islamic State in Somalia, and the Arakan Army in Myanmar, have all employed drones to target civilians, sometimes broadcasting the attacks online. This raises urgent questions about attribution, investigation, and prosecution of unlawful attacks, particularly those involving autonomous weapons systems.
Weakening Accountability Mechanisms
Institutions designed to uphold IHL – domestic courts and international tribunals – are under severe strain. Some face paralysis or closure due to a lack of resources, and even judges at the International Criminal Court have been sanctioned for fulfilling their mandates. Strengthening these institutions through sustained political and financial support is crucial.
The Future of Humanitarian Law: A Critical Juncture
The current situation represents a critical test for IHL. As warned decades ago by Hersch Lauterpacht, the law risks becoming merely symbolic rhetoric if states fail to treat civilian protection as a legal duty, not a discretionary one. The consistent application of existing rules – enforceable export controls, independent scrutiny of licensing decisions, and real accountability for violations – is essential.
FAQ: International Humanitarian Law in 2026
Q: What is International Humanitarian Law?
A: It’s a set of rules that seek to limit the effects of armed conflict, protecting civilians and those not participating in hostilities.
Q: Why is IHL failing?
A: Not because the laws are inadequate, but because of a lack of political will to enforce them and hold perpetrators accountable.
Q: What can be done to strengthen IHL?
A: Consistent application of existing rules, stronger arms control, clarification of legal ambiguities, and increased support for accountability mechanisms.
Q: Is the use of drones a new challenge for IHL?
A: Yes, the increasing use of drones by both state and non-state actors presents challenges related to attribution, investigation, and prosecution of unlawful attacks.
Explore further: Read more about the challenges facing international law and human rights at the Geneva Academy of International Humanitarian Law and Human Rights.
What are your thoughts on the future of international humanitarian law? Share your perspective in the comments below.
