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The Warring Visions of American Power | The Ezra Klein Show
The Ezra Klein Show
Overview
This discussion explores the current state and future of international law, particularly in the context of American foreign policy. It examines the tension between the ideal of a rules-based international order and the reality of its inconsistent application, especially concerning conflicts in Gaza and Ukraine. The conversation delves into the challenges of enforcing international law, the hypocrisy of selective application by powerful nations, and the potential for international law to serve as a restraint on power or, conversely, as a tool for political maneuvering. It also considers the need for a renewed moral imagination in foreign policy and the practical difficulties of achieving lasting peace in a multipolar world.
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Chapters
- A mayor's call for Netanyahu's arrest highlights the ICC's role in addressing grave international crimes.
- The ICC's effectiveness is limited by the lack of universal adherence and enforcement mechanisms, particularly by powerful nations like the US.
- Publicly calling for arrests can draw attention to international law but also expose its current limitations and the gap between ideals and reality.
- The US, not being a signatory to the ICC, has a complex and often adversarial relationship with the court.
This chapter introduces the core tension between the aspirations of international law and its practical enforcement, using a high-profile example to illustrate the challenges.
The mayor of New York City's call for the arrest of Benjamin Netanyahu and his declaration that Netanyahu is not welcome in the city.
- International law encompasses more than just international criminal law (e.g., ICC, ICJ); it includes treaties, conventions, and norms governing various global interactions.
- Historically, international law emerged to provide order in a world without divine right, attempting to navigate moral voids and inevitable conflict.
- The perceived failure of international law to prevent atrocities leads to questioning its viability in a complex world.
- International law can be viewed both as a formal structure of institutions and treaties and as a theoretical 'grammar' or language for global interaction.
Understanding the broad scope of international law is crucial to appreciating its potential and limitations beyond high-profile criminal cases.
Examples of international law beyond criminal matters include aviation law and international transactions.
- The Biden administration promised to restore a 'rules-based international order,' emphasizing international institutions and alliances.
- Events like the wars in Ukraine and Gaza have led many on the left to question the efficacy and integrity of this order, especially given US support for Israel.
- The phrase 'rules-based international order' has been used less frequently by the administration, reflecting a retreat from its initial strong commitment.
- There's a nostalgia for the post-Cold War era of US hegemony, when international law seemed more enforceable through American power, a vision now seen as defunct.
This chapter explains how recent geopolitical events have created a crisis of confidence in the established international order and US foreign policy.
The US protecting Israel at the UN, providing arms, and not being a signatory to the ICC are cited as reasons for questioning the 'rules-based order'.
- The focus on Israel and Gaza, rather than other conflicts like Sudan or Syria, is partly due to Israel being a close US ally.
- Powerful nations often exhibit 'double speak,' upholding international law values selectively, especially when it involves their allies or geopolitical rivals.
- The US has historically shown hostility towards the ICC, even threatening to invade The Hague to extract US personnel.
- There's a pattern of using international law to serve national interests, applying it rigorously against enemies but tolerating or ignoring violations by allies.
This section highlights the hypocrisy and selective application of international law by major powers, undermining its legitimacy.
Lindsey Graham's support for investigating Putin for war crimes while maintaining hostility towards the ICC's actions against US allies.
- The Trump administration's 'flexible realism' is characterized as a license to act unilaterally, disregarding international norms and institutions.
- This approach, termed 'mach politique,' discards restraints and leads to mistakes by ignoring a nation's limits.
- The belief was that international forums and agreements tied down US power, which they sought to unleash on the world.
- This contrasts with a vision of foreign policy that prioritizes adherence to international law, even when it means foregoing unilateral action.
This chapter contrasts the Trump administration's approach with a more restrained foreign policy, arguing that unchecked power leads to national decline.
The concept of 'mach politique' as the corrupt cousin of realism, where restraints are blown away.
- China is increasingly asserting its influence by shaping international law, particularly emphasizing state sovereignty.
- This approach allows China to position itself as a leader in the international arena, contrasting with the US's withdrawal.
- However, China's actions (e.g., regarding Taiwan, Tibet, Russia) suggest a selective application of sovereignty principles.
- The perception is that China is pushing a vision of rules focused more on territorial borders than universal values.
This section analyzes how China's engagement with international law presents a new challenge to the existing world order and US leadership.
China's emphasis on state sovereignty as a principle in international law.
- International law is seen as imperfect, full of loopholes and hypocrisies, often used to serve power interests.
- Some scholars propose a simpler framework for international law, focusing on core principles like the taboo against aggression and conquest.
- A fundamental challenge remains: what happens when international law is violated without a clear enforcement mechanism ('law without police')?
- The debate is whether international law's value lies in preventing atrocities, providing redress, or shaping historical memory and serving as a warning.
This chapter grapples with the core dilemma of international law: its aspirational goals versus the reality of enforcement and its role in historical memory.
The slogan 'ceasefire now' is discussed as a focus on stopping immediate violence rather than achieving a lasting conflict resolution.
- There's a recognition that international law needs regeneration, moving beyond mere legalism and proceduralism.
- The focus needs to shift from the 'how' of legal processes to the underlying 'why' – the moral values and ideals that founded the system.
- Making moral wrongs legible within a brittle legal system is a constant struggle, as is escaping the cycle of vengeance.
- A 'reparative politics' is needed, making international law's moral values have a tangible impact on people's lives, rather than just existing as abstract principles.
This chapter explores pathways for revitalizing international law by reconnecting it with its moral foundations and practical impact.
The idea of the ICC's trust fund for victims as a way to make international law material and reparative.
Key takeaways
- International law is a complex system encompassing more than just criminal courts, including treaties, conventions, and norms governing global interactions.
- The effectiveness of international law is severely hampered by the selective application and enforcement by powerful nations, leading to hypocrisy and undermining its legitimacy.
- The 'rules-based international order' is facing a crisis of confidence due to geopolitical events and the perceived failure of powerful states to uphold its principles consistently.
- Unrestrained power, divorced from legal and institutional constraints, is a dangerous path that can lead to significant national mistakes and decline.
- China's growing influence in shaping international law, particularly through its emphasis on state sovereignty, presents a new dynamic in global governance.
- The core challenge for international law is bridging the gap between its aspirational goals and the reality of enforcement, raising questions about its role in prevention, redress, and historical memory.
- Revitalizing international law requires a renewed 'moral imagination' that reconnects with its foundational values and focuses on making its principles have a tangible impact on people's lives.
- The current era is characterized by 'wars with no discernible end,' where ceasefires often replace lasting peace settlements, sidestepping difficult political and moral questions.
Key terms
International LawInternational Criminal Court (ICC)International Court of Justice (ICJ)Rules-Based International OrderMach PolitiqueSovereigntyCeasefireReparative PoliticsMoral ImaginationHegemony
Test your understanding
- What are the key limitations that prevent international law from being universally effective, and how do powerful nations contribute to these limitations?
- How has the concept of a 'rules-based international order' been challenged by recent global events, and what are the implications for American foreign policy?
- Explain the difference between international criminal law and the broader scope of international law, providing examples of each.
- What does the concept of 'mach politique' suggest about the dangers of unrestrained power in foreign policy, and how does it contrast with a commitment to international law?
- How is China's approach to international law, particularly its emphasis on sovereignty, different from the traditional US-led model, and what are the potential consequences?