In October 2026, the United States imposed sweeping sanctions on the International Criminal Court (ICC), the latest escalation in its campaign to undermine and “dismantle” the Court. The US objects to the ICC investigating or prosecuting American nationals and has also opposed its investigation into senior Israeli officials over war crimes in Gaza. The sanctions are troubling not only because they threaten the Court’s ability to operate independently, but because they expose a deeper question: does international law apply to everyone, or only to those without power?
International law has never been free from hypocrisy. Great powers have often defended global rules while exempting themselves from them. Critics are right to point to double standards, selective enforcement and the influence of geopolitics. Yet these failures do not invalidate international law. They demonstrate why it is needed.
The modern international legal order emerged from the catastrophe of two world wars. Its foundation was a simple but transformative idea: that power alone should not determine what states may do and that even leaders can be held accountable for their actions.
The Nuremberg Trials established that principle. Sovereignty could no longer serve as a shield against responsibility. Political leaders, military commanders and officials could be judged for crimes committed in the name of the state. No one, in principle, stood above the law.
That achievement is now under threat.
Too many governments support international law only when it targets their enemies. Courts are praised when they investigate rivals and attacked when they scrutinise allies. Human rights are defended selectively. Legal principles are embraced when convenient and dismissed when politically costly.


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Lord Wallace was a Scottish Liberal/Liberal Democrat MP for Orkney and Shetland from 1983 to 2001. He was the leader of the Scottish Liberal Democrats from 1992 to 2005 and as a member of the Scottish Parliament, he served as Deputy First Minister of Scotland from 1999 to 2005. He stepped into the role of acting First Minister twice.
