International law 'part of structures' that uphold US imperialism: Legal scholar

By Press TV Website Staff

The effectiveness of the Geneva Conventions has been “questioned” over the years in the context of Western military aggressions and their colonial proxies, says a legal scholar.

In an interview with the Press TV website, Dr. Helyeh Doutaghi, a legal scholar at Yale University, commented on the 75th anniversary of the Geneva Conventions adopted on August 12, 1949.

The 75th anniversary of the universally ratified four Geneva Conventions, which became the keystone of international humanitarian law and defined rules in the conduct of war, came two days after the Israeli regime carried out another massacre in the Gaza Strip, killing more than 100 people.

Dr. Doutaghi said the effectiveness of these conventions has come under criticism, particularly by critical international lawyers, “in the context of Western military aggressions and their colonial proxies, such as the Zionist entity.”

“These critics highlight how international humanitarian law (IHL) can facilitate and legitimize conduct by providing exceptions and justifications for actions that might otherwise be prohibited,” she stressed.

“Notably, IHL has never led to the prosecution of any American war crimes, despite admissions by the US military of violations of the principle of distinction between civilians and combatants.”

Dr. Doutaghi, who also serves as co-chair of the International People's Tribunal on US Imperialism, said the world “has yet to see justice served in courts based on the conventions designed to prevent such atrocities,” referring to the Israeli genocidal war against Palestinians, backed by the US.

“The existing global imperial order has shaped the indicators that evaluate military conduct based on standards set by powerful states in the Global North, which are often also parties to the conflict,” she said in a conversation with the Press TV website.

“This, in turn, obscures the partiality of the legal interpretations and the empirical knowledge they rely on.”

She said critical international lawyers have long established that international law, which includes the laws related to war, has been “part of the structures that uphold US imperialism.”

“Within the context of Zionist genocidal violence, international law does not appear to serve as a relevant restraint on the atrocities unleashed by the Zionist entity,” Dr. Doutaghi stated.

“That being said, until the countries of the Global South take the necessary steps to transform the international legal system, we are not ready to abandon international law as it stands.”

She said “A systemic rethinking of accountability—through the utilization of existing mechanisms and beyond—is more urgent than ever” 75 years after the adoption of the Geneva Conventions.

“However, reparations, return, and accountability for the genocide of Palestinians must and will be sought on the Palestinians' terms,” the Yale legal scholar noted.

“International law is never self-executing—so it is the global power dynamics that determine its enforcement; with the accelerated decline of US imperialism, the geopolitical asymmetries will not always/for very long, favor the West.”

The death toll from the Israeli genocidal war on the besieged Palestinian territory has surpassed 40,000 in almost 11 months, with most of the victims being children and women.

According to the Gaza Media office, 3,493 massacres have been perpetuated by the Israeli regime in Gaza since October 7, 2023, using US-made weaponry, killing 16,479 children, including 115 infants.

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