I think of a treaty, as a contract between nations.
As individuals, and in business, we make contracts all the time. And the universal rule for all such contracts, is that, once made, they cannot be unilaterally renounced. I can't simply decide to stop paying my mortgage, or violate my marriage vows, no matter how inconvenient I find them. If I do, there are non-trivial consequences.
And you are entirely correct, that the lack of any effective enforcement mechanism, makes all treaties provisional. All the treaties rewarding war, and the conduct of war, and the treatment of prisoners, are routinely violated, by the United States and many other nations. Only losers get punished for war crimes. Which means the world is still at the stage where MightMakesRight is the only real international law. The Geneva Conventions and the UN Charter, are a hope and a promise, not a reality.
It is in our national interests, to consistently make efforts, no matter how incremental or incomplete, to turn that "hope and promise" into reality. Our actions of the last 3 years, have been exactly the opposite. We have seen the Devil, and we have been vigorously Cutting Down The Law, to get at him.
What is needed, is not more (international) law, but better enforcement of existing law. We need some method of discipline, to get nations to do what they all agree they should be doing. General principles are easy to agree on, but everyone wants to make exceptions and excuses, whenever their interests are at stake. |
