Global hopes still pinned to international law – Harvard Law School

Report on the Role of International Law in Achieving Sustainable Development Goals

Introduction: Upholding SDG 16 Amid Global Crises

In the context of widespread armed conflicts and humanitarian crises, the efficacy of the international legal system is under scrutiny. A panel discussion at Harvard Law School, titled “Firebombings and Fallout: Why International Law Still Matters,” addressed these concerns, concluding that international law remains a critical framework for achieving global stability and progress towards the Sustainable Development Goals (SDGs), particularly SDG 16 (Peace, Justice and Strong Institutions).

The Efficacy of International Law in Promoting Global Goals

Panelists asserted that international humanitarian law (IHL) is the most effective existing deterrent to illicit state and non-state behavior. Federica du Pasquier of Lex International described it as the optimal system for regulating cohabitation among states on a planet facing significant challenges, including climate change, which directly relates to SDG 13 (Climate Action). The stability provided by international law has been foundational for decades of economic development, contributing to SDG 8 (Decent Work and Economic Growth) and allowing resources to be allocated to societal advancements rather than conflict.

• International law provides a framework for cooperation and stability.
• It facilitates economic development by reducing conflict and casualties.
• Respect for IHL is demonstrated each time organizations like the International Committee of the Red Cross (ICRC) are granted access to prisoners of war.

Case Studies: Disarmament Treaties and their Impact on SDGs

The tangible impact of international treaties on sustainable development was highlighted through specific examples.

1. The Anti-Personnel Mine Ban Treaty (1999): This treaty is a prime example of successful international cooperation. Its implementation has led to a dramatic decrease in land mine casualties, with reductions of 96% in Cambodia and 91% in Colombia. This directly advances SDG 3 (Good Health and Well-being) by preventing injury and death, and SDG 11 (Sustainable Cities and Communities) by making land safer for civilian use.
2. The Treaty on the Prohibition of Nuclear Weapons (2017): Negotiated with the involvement of several panelists, this treaty represents a significant step towards global disarmament. It reinforces the objectives of SDG 16 by seeking to eliminate a major threat to global peace and security. The global norm against nuclear testing, largely upheld since 1996, demonstrates the power of such legal instruments even without universal ratification.

Challenges to International Legal Frameworks and Sustainable Development

Despite successes, the panel acknowledged significant challenges that threaten progress on the SDGs. These actions undermine the very foundation of SDG 16, which calls for the promotion of the rule of law at national and international levels.

• Recent announcements regarding the potential resumption of nuclear testing by the United States.
• Violations of IHL, including the use of land mines, cluster munitions, and incendiary weapons in recent conflicts.
• The withdrawal of some nations from international treaties, which weakens the collective commitment to protecting civilians during wartime.

The Role of Global Partnerships and Institutions (SDG 17)

International law and its institutions are indispensable for fostering SDG 17 (Partnerships for the Goals). They provide essential platforms for dialogue, negotiation, and norm-setting. Susi Snyder of the International Campaign to Abolish Nuclear Weapons (ICAN) noted that these institutions create a necessary space for both like-minded and dissenting states to engage and find negotiated agreements. This collaborative approach is vital for addressing complex global issues.

• An ongoing ICRC-led initiative has secured renewed commitments to IHL from over 90 countries, demonstrating a continued belief in multilateral cooperation.
• Economic tools, such as sanctions, were identified as a powerful component of the international system, influencing actors by controlling access to capital and resources.
• International law serves to protect the rights of the most vulnerable populations, a core principle of SDG 10 (Reduced Inequalities).

Conclusion: The Imperative of International Law for a Sustainable Future

The panel concluded that international law is a dynamic and essential process for protecting humanity and the planet. While facing significant challenges, the legal frameworks it establishes are fundamental to achieving the Sustainable Development Goals. Panelists urged active engagement, framing the current period of flux as an opportunity for stakeholders to influence the international legal order and ensure it remains a robust tool for building a more peaceful, just, and sustainable world for all.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

The article primarily addresses issues related to SDG 16: Peace, Justice and Strong Institutions. It also touches upon SDG 17: Partnerships for the Goals.

• SDG 16: Peace, Justice and Strong Institutions is the most relevant goal. The article’s central theme is the role and effectiveness of international law, particularly international humanitarian law (IHL), in regulating armed conflicts, reducing violence, and protecting civilians. It discusses international treaties, the behavior of states in conflict, and the institutions designed to uphold peace and justice, which are all core components of SDG 16. The text highlights efforts to reduce casualties from weapons like land mines and prevent the proliferation of nuclear weapons, directly aligning with the goal of promoting peaceful and inclusive societies.
• SDG 17: Partnerships for the Goals is also connected. The article describes the collaborative efforts required to create and enforce international law. It mentions partnerships between countries, academic institutions (Harvard Law School), non-governmental organizations (International Campaign to Abolish Nuclear Weapons – ICAN), and philanthropic funds (Lex International) to negotiate treaties and promote legal norms. The discussion of treaties like the Treaty on the Prohibition of Nuclear Weapons, which involved nearly 100 countries, exemplifies the global partnerships needed to achieve sustainable development.

2. What specific targets under those SDGs can be identified based on the article’s content?

Based on the article’s content, the following specific targets can be identified:

1. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   • This target is directly addressed through the discussion of international humanitarian law’s role in “reducing casualties” and protecting civilians during war. The article provides a concrete example of the Anti-Personnel Mine Ban Treaty, which led to a dramatic decrease in casualties in Cambodia and Colombia, demonstrating a direct effort to reduce violence-related deaths.
2. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • The entire article is an argument for the effectiveness and importance of the rule of law at the international level. It cites examples of states changing their behavior because they “feel bound by the law” and highlights the function of international law as the “best system we’ve found to regulate the way that different states… can cohabitate.” The negotiation and implementation of treaties are prime examples of promoting the international rule of law.
3. Target 16.8: Broaden and strengthen the participation of developing countries in the institutions of global governance.
   • This target is referenced when the article mentions that the 2017 Treaty on the Prohibition of Nuclear Weapons has been signed by “nearly 100 countries, mostly in the Global South.” This explicitly points to the active and significant participation of developing nations in shaping global governance on disarmament and security.
4. Target 17.16: Enhance the global partnership for sustainable development, complemented by multi-stakeholder partnerships…
   • The article showcases multi-stakeholder partnerships in action. The panel discussion itself brought together experts from academia (Harvard Law School), a philanthropic fund (Lex International), and an international campaign (ICAN). Furthermore, the negotiation of treaties and the ICRC-led effort to renew commitments to IHL, involving countries like Brazil, China, and South Africa, are clear examples of global partnerships to achieve common goals.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

Yes, the article mentions and implies several indicators that can measure progress:

1. For Target 16.1 (Reduce violence and death rates):
   • Indicator: Reduction in casualties from specific weapons. The article provides explicit data: “casualties from land mines have decreased by 96% in Cambodia and 91% in Colombia.” This serves as a direct quantitative indicator of progress in reducing death and injury from violence.
2. For Target 16.3 (Promote the rule of law):
   • Indicator: Number of countries signing and ratifying international treaties. The article mentions that “nearly 100 countries” have signed the Treaty on the Prohibition of Nuclear Weapons and that “more than 90 countries have signed on” to renew commitments to international humanitarian law. These numbers act as indicators of the strengthening of the international rule of law.
   • Indicator: Compliance with international humanitarian law. The article implies this indicator by stating, “Every time the ICRC [International Committee of the Red Cross] is allowed to visit prisoners of war, that’s respect for IHL.” This suggests that the frequency of such compliance actions can be used as a measure of adherence to international law.
3. For Target 16.8 (Broaden participation of developing countries):
   • Indicator: Proportion of treaty signatories from developing countries. The article explicitly notes that the signatories of the Treaty on the Prohibition of Nuclear Weapons are “mostly in the Global South,” which is a direct qualitative and quantitative indicator of the participation of developing countries in global governance.

SDGs, Targets, and Indicators Analysis

Source: hls.harvard.edu