"In times of war, the law falls silent" declared Cicero. And 2000 years on, it remains unknown whether international law has any real power in war, or whether, in the end, military and economic power are the only truly effective forces. International law did not prevent Russia from invading Ukraine, the US from engaging in torture in Guantanamo Bay, Hamas' attacking Israel on Oct 7th, or Israel from destroying much of Gaza in response. At the same time, threats of nuclear retaliation have prevented the US from sending troops to Ukraine — to name just one example of military power. Chairman Mao, it seems, had a point when he said "power flows from the barrel of a gun."
We recognise war as an exceptional circumstance where acts like murder are permitted, should we give up trying to apply the law to it? With the US, Russia and others breaking international law, should we conclude that international law is unenforceable unless imposed by the victor? Or is international law both necessary and vital to contain the worst atrocities?