Das Recht und der Krieg: Wir brauchen das Völkerrecht

In the current geopolitical landscape, the violation of international law and the use of force without authorization have become pressing issues that transcend academic debates. The ongoing conflict in the Iran-Iraq border region, often referred to as the "Iran War," highlights the urgent need for adherence to the principles of international law and the rule of law. German Chancellor Olaf Scholz, in his recent speeches, has been cautious in addressing the legality of this conflict, but there is a growing call for him to explicitly condemn the illegal use of force and uphold the importance of international law.

The International Court of Justice (ICJ) and the United Nations Charter have long established that the use of force as an instrument of national policy is prohibited, except in cases of self-defense or under the authorization of the UN Security Council. The current situation on the Iran-Iraq border, where both countries have engaged in sustained military operations, raises serious concerns about the legality of these actions. The escalation of violence in the region, which has led to numerous civilian casualties, underscores the necessity for all parties to adhere to international norms and avoid resorting to armed conflict without a legitimate legal basis.

Germany, as a key player in international affairs and a founding member of the United Nations, has a responsibility to champion the rule of law and the principles of international law. Chancellor Scholz's government must recognize the illegality of the Iran War and advocate for a peaceful resolution of the conflict. By doing so, Germany can send a strong message to other nations about the importance of adhering to international obligations and the consequences of violating them.

Moreover, Germany can play a proactive role in supporting the reform and strengthening of the international legal order. The current global system, based on a set of rules and norms, has been instrumental in maintaining peace and stability since the end of World War II. However, challenges such as the ongoing conflicts in Ukraine and the Middle East, as well as the rise of authoritarian regimes, have put this system under strain. Germany has the opportunity to lead initiatives that reinforce the rule of law, promote transparency, and ensure accountability for violations of international law.

One way for Germany to contribute to the preservation and reform of the international legal order is by supporting the work of the International Criminal Court (ICC) and other international tribunals. These institutions are crucial in holding individuals accountable for serious violations of international law, such as genocide, war crimes, and crimes against humanity. By strengthening their mandate and resources, Germany can help ensure that perpetrators of such atrocities face justice, thereby reinforcing the deterrent effect of international law.

Additionally, Germany can work towards enhancing the effectiveness of the UN Security Council, which is tasked with maintaining international peace and security. The Council's ability to act decisively has been hampered by veto powers and political gridlock. Germany can advocate for reforms that increase the Council's accountability and ensure that all member states, including permanent members, are held to the same standards. By doing so, Germany can help create a more equitable and effective international security architecture.

In conclusion, the violation of international law and the use of force without authorization are not merely academic concerns but have real and devastating consequences for global peace and security. Germany, under Chancellor Scholz, has a unique opportunity to lead by example and uphold the principles of international law. By explicitly condemning the illegality of the Iran War and advocating for the reform and strengthening of the international legal order, Germany can demonstrate its commitment to a rules-based world and inspire other nations to follow suit. The preservation and reform of the international legal system are not only in the interest of Germany but also in the interest of global stability and the protection of human rights.