Haviv Rettig Gur@havivrettiggur
I say this as gently as I know how, because it seems to me unforgivably obvious.
You cannot simultaneously build a strong international law system while also hating the West. International law is a Western idea born of a particular Western historical, cultural and political experience.
And because God loves irony, no one exemplifies this fact more than the evil regime whose travails since yesterday have sparked so much legalistic hand-wringing.
Both Khamenei himself and his teacher and predecessor Khomeini consistently and explicitly rejected international law as a tool of "global arrogance" (estekbar-e jahani) — i.e., of powerful secularist, individualistic democracies. Khamenei was even more explicit, routinely declaring legal frameworks like UN conventions as "colonial" traps.
These declarations weren’t marginal to their ideology. They were fundamental planks of the regime’s political theology.
I’ll say this, again, as gently as I can: The fact that international law and international institutions have transformed in practice into a system that more often than not runs defense for the most virulent and explicit enemies of said law might have something to do with their decline as an organizing framework of international affairs.
For example, when UN agencies and international institutions target Israel more than Iran, or more than China, Iran and Russia put together, or more than all the dictatorships and wars in the world combined — they’re doing more harm to the law than to Israel.
Similarly, it matters that so many of international law’s loudest spokespeople had nothing to say about Khamenei’s crimes just six weeks ago, but swung into action only when Khamenei’s long reign of terror was finally brought to an end.
That’s not law. It’s the opposite of law.
International law can be saved, but only if its scholars and practitioners grow up and shed the instinctive anti-Westernism and racist paternalism of the present-day academy. When international law is no longer seen by its own practitioners primarily as an instrument for containing, weakening and delegitimizing the West, but becomes genuinely about actual law, it will once again have a claim on us.
If you fail to see in Khamenei the bitter foe of international law that he was, if in the midst of your legitimate critique of a war you can’t summon at least a little joy that this avowed enemy of your purported moral system is dead and gone, then you haven’t actually been fighting for international law.
