Selim Ibraimi- Since ancient times, humanity has been challenged by nature and later by itself. The desire for space, more territory, and power has caused the death of millions of people.
Of course, the successive conflicts in the Middle East, the one in Ukraine, and the previous wars in the Balkans are just a few examples of how, for power, regional position, and territory, people and governments do their best and even violate established international laws and norms.
Looking at all these events, the question arises, why all these tragedies?
To maintain law and order along with a moral obligation, nations came together and created laws and norms such as the Geneva Convention and many others.
We have heard a lot about international law in theory, especially over the last three decades.
What actually is international law, and why does it sometimes remain only on paper?
International law is the body of rules, norms, legal customs, and standards that states and other actors feel obliged to apply, and generally do apply, in their mutual relations, Henderson (2010, 5). Henderson (2010, 5) argues: “In international relations, actors are simply individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether legal or illegal”.
“Rules are formal, usually written expectations that describe required behavior, while norms are informal, often unwritten, guidelines about appropriate behavior that are shaped by social customs and practices. It sets norms for states in a wide range of areas, including war and diplomacy, economic relations, and human rights”.
Here we have examined some basic concepts; now let’s look at some concrete actions of states to violate international norms and rights based on domestic laws.
Despite the progress made by the Western Balkans, some states are still at risk of being involved in opening old wounds. Some governments, by promoting policies of encouragement, may cause new tensions in the region by questioning commitments to international law and norms.
An example is North Macedonia, which faces some serious interethnic and interstate challenges.
Kosovo and Bosnia and Herzegovina also have a high degree of instability. North Macedonia is moving towards a complex political landscape, influenced by historical grievances and interethnic tensions.
The challenge to international law has not been proven only in the Balkans. Another example where these concerns are very clearly seen is Russia’s actions towards Ukraine.
Days ago, Russian Foreign Ministry officials notified American authorities that their citizens and diplomats should leave Kyiv.
The media reported that Russia plans to use weapons to harm the population and strike government and strategic buildings.
UN Secretary-General Antonio Guterres said he was deeply concerned after Russia announced plans to attack Ukrainian defense bases and decision-making centers.
Not long ago, Russian drones attacked a residential center not only in Ukraine but also in Romania.
Mark Rutte, NATO Secretary-General, after the Russian attack, had spoken with the Romanian president about the Russian drone.
“I assured him of NATO’s absolute solidarity with Romania and expressed my condolences for those injured in the incident. I affirmed that NATO stands ready to defend every inch of Allied territory. Russia’s reckless behavior is a danger to us all. They continue to target civilians and civilian infrastructure throughout Ukraine. Russia’s war must end, as must Russia’s disregard for civilian security. For our part, we will continue to strengthen our defenses at home and continue our support for Ukraine as they defend themselves against Russian aggression.”
Russia’s recent actions, but not only its own, show that international law is not being implemented in reality, to the point where the very existence of the law itself is being called into question.
Russia is a signatory to international conventions, but it still does not respect them, just like other states that have intervened militarily or attacked countries without UN authorization.
It is not just Russia and other states that are acting outside the law.
The Balkans is another case in point, where, even after more than three decades, governments continue to ignore or violate fundamental rights.
There can be no peace and reconciliation if states do not understand each other. Nor can there be peace if states in the region do not respect international law.
Some governments place great faith in international law. It is known that it will be difficult to continue to wait. It is difficult to believe that international law or norms will solve many unresolved problems.
If the law is to be challenged by powerful states, then the small ones must do more in this time of uncertainty.
Until better times, international law and norms will remain on the weak side of history in the face of the strength of large states.
But the collective will to implement laws and norms is believed to be the only way to look forward and work on reforming international institutions, where the powerful have criticisms of the functioning of international institutions and the implementation of international law.
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