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Into the void: how Trump killed international law
‘The old world is dying,” Antonio Gramsci once wrote. “And the new world struggles to be born.” In such interregnums, the Italian Marxist philosopher suggested, “every act, even the smallest, may acquire decisive weight”.
In 2025, western leaders appeared convinced they – and we – were living through one such transitional period, as the world of international relations established after the second world war crashed to a halt.
During such eras, Gramsci more famously wrote, “morbid phenomena of the most varied kind come to pass”. And at present there is no more morbid phenomenon than the crisis of legitimacy for the networks of rules and laws on which the international order was based – the world that the US was central in creating in 1945.
No one can say they were not warned about the wrecking ball that was about to be inflicted on the global order by Donald Trump.
The US secretary of state, Marco Rubio, spelled out with admirable clarity in his Senate confirmation hearing in February how Trump disowned the world his predecessors had made. “The postwar global order is not just obsolete, it is now a weapon being used against us,” he said. “And all this has led us to a moment in which we must now confront the single greatest risk of geopolitical instability and generational global crisis in the lifetime of anyone alive here today.”
The rules-based international order had to be jettisoned, Rubio said, because it had been built on a false assumption that a foreign policy serving core national interests could be replaced by one that served the “liberal world order, that all the nations of earth would become members of the democratic western-led community”, with humankind now destined to abandon national identity and become “one human family and citizens of the world. This was not just a fantasy. We now know it was a dangerous delusion”.
Rubio’s assessment was echoed in the recent US national security strategy, with its warnings of European cultural erasure and determination to back nationalist parties that believe in “strategic stability with Russia”. The US would no longer seek to “prop up the entire world order like Atlas”, the document said.
On paper these sound like relatively coherent statements of “America first”, but in practice Trump’s foreign policy is a mass of confusion in which this formal non-interventionist ideology has clashed with sporadic interventions that uneasily blend notions of global order with the US national interest. There is no linear Trump foreign policy, just a catherine wheel of disconnected explosions thrown out across the night sky. As Donald Trump Jr asserts, as if it were a virtue, his father is the most unpredictable man in politics. The hugely personal nature of US foreign policy gives Washington’s erstwhile allies just enough false hope that the break with America is not real.
Amid this chaos there has been one consistent target for Trump’s contempt: the constraints imposed by international law, and its value system built around national sovereignty, including the prohibition of the use of force to change external borders. In its place Trump pursues “sheer coercive power” – or what has been described as mobster diplomacy, in which shakedowns, blackmail and deal-making are the agents of change.
Faced with the choice, for example, between expelling Russia from Ukraine – something the US undoubtedly has the military means to do by arming Kyiv sufficiently – or forging a profitable relationship with Vladimir Putin in which both sides plunder Ukraine’s considerable material resources, Trump unmistakably wants to choose the latter. Ukraine, it emerges, shall pay any price, bear any burden, meet any hardship, in order to assure the survival and the success of the Trumpian economy. For the EU and Nato this is indeed the moment when every act has the potential to be decisive for the future sovereignty of Europe and the UN charter.
Similarly the sovereignty of Venezuela, sitting on 303bn barrels of crude oil – about a fifth of the world’s reserves – becomes, like that of Greenland, Canada and Mexico, the subject of Trump’s marauding eye. Warned on social media that killing Venezuelan civilians without any due process – as the US has done by bombing numerous boats in the Caribbean and Pacific – would be described a war crime, the US vice-president, JD Vance, was brazen enough to reply “I don’t give a shit what you call it”. The Pentagon has subsequently claimed implausibly that it was permissible in US law to blow up shipwrecked sailors stranded in the water because they were combatants representing a threat to US security.
Meanwhile, the rules of free trade are shredded as Trump deploys the sheer size of the US market to extort not just money from allies, but changes in their domestic policy. A country’s standing in the White House is not judged by any rational criteria, let alone its democratic status, but on a leader’s personal relationship to Trump and his ruling clique – a blatantly monarchical order.
Finally, Israel’s occupation and bombardment of Gaza, with European powers often complicit bystanders, is brutal in itself but also strips bare the supposed universality of international norms. In the words of Majed al-Ansari, the foreign policy adviser to Qatar’s prime minister and a man who has had more dealings with Israel than most in 2025: “We are living in an age of disgusting impunity that is taking us back hundreds of years. We are reduced to giving concession after concession not to stop acts of aggression, but to ask those responsible to kill fewer people, destroy fewer neighbourhoods. We do not even ask them to have respect for international law, but ask to take a step back from going 100 miles away from international law.”
All this has been accompanied by an open assault on the institutions of international law that stand in the way of coercive power. Nicolas Guillou, a French judge at the international criminal court, recently gave an interview to Le Monde in which he spelled out the impact of US sanctions imposed on him in August as a result of the ICC’s issuing an arrest warrant against Benjamin Netanyahu for crimes against humanity.
The sanctions have changed every aspect of his daily life. Guillou explained: “All my accounts with American companies, such as Amazon, Airbnb, PayPal and others, have been closed. For example, I booked a hotel in France through Expedia, and a few hours later, the company sent me an email cancelling the reservation, citing the sanctions.”
For having the temerity to uphold the basics of international humanitarian law and the value of the lives of Palestinian civilians at the international court, which deals with issues such as war crimes and genocide, Guillou said he had in effect been sent back to live in the 1990s. European banks, cowed by the threats of US Treasury officials in Washington, rushed to close his accounts. The compliance departments of European companies, acting as the valets of the US authorities, refused to provide him services.
Meanwhile, European institutions – even signatories to the Rome statute that established the international court in 2002 – look the other way. Major Palestinian human rights groups such as Al-Haq also find their bank accounts closed as they face sanctions for cooperating with the ICC. The judges at the international court of justice, the UN body that deals with intergovernmental disputes, have had to take evasive action to prevent their assets being seized.
The US has left or sought to undermine several other UN bodies, such as the Human Rights Council and Unesco. In total it is estimated to have cut $1bn (£750m) in funding for organisations linked to the UN and fired 1,000 US government staff whose portfolios reinforced major UN functions.
At the UN general assembly, the key site of this year’s disputes between the US and the rest of the world, the US almost relishes its isolation. Other multilateral institutions – the World Trade Organization, the Paris climate agreement structure, the G20 – have become zones of conflict, places where the US can assert its dominance or indifference, either by absenting itself or demanding humiliating fealty from its one-time allies. John Kerry, a former US vice-president, said that under Trump the US was turning “from leader to denier, delayer and divider”.
“When the United States walks away, old excuses find new life. China not only enjoys newfound freedom from scrutiny,” Kerry said: it slowly fills the gap left by the US departure.
Washington’s turning away from international law and its institutions is especially sad because, as Dr Tor Krever, an assistant professor of international law at the University of Cambridge, points out, with Gaza “the language of legality has become the dominant frame of popular and political discourse”.
In a special edition of the London Review of International Law, more than 40 academics have written essays discussing whether this sudden public faith in international law as a harbinger of justice is a load that the law has the capacity to bear. Law cannot be a substitute for politics or settle ideological conflicts in a polarised world. Prof Gerry Simpson, the chair of public international law at the LSE, said he needed to swallow his longstanding doubts about international law’s efficacy “in the face of the enormous faith that had been placed on it, especially by the young”.
The inability to meet new public expectations has led to what Prof Thomas Skouteris, the dean of the law college at the University of Khorfakkan, UAE, describes as “a fin de siècle mood” about international law. Writing in the Leiden Journal of International Law, he argues: “International law’s lexicon – sovereignty, genocide, aggression – has become almost ambient, saturating the political atmosphere with juridical resonance. But ubiquity brings a strange paradox. The more present international law appears, the less decisive it feels. Norms are invoked with greater frequency and intensity even as their capacity to settle disputes or forestall violence seems to weaken. What once promised order increasingly reads as performance.”
The paradox is revealed in its starkest form when rulings of the UN security council or the international courts are invoked by western leaders who, in the next breath, prostrate themselves in front of Trump, caving in to his demands, calling him “daddy”, as Nato’s Mark Rutte did, and sending more lavish gifts to the Sun King and his family.
Very few in 2025 stood up against what the Dutch historian Rutger Bregman called “immorality and unseriousness … the two defining traits of our leaders today”.
Tom Fletcher, the head of the UN humanitarian agency Ocha, was arguably an exception. In May he asked UN diplomats “to reflect – for a moment – on what action we will tell future generations we each took to stop the 21st-century atrocity to which we bear daily witness in Gaza. It is a question we will hear, sometimes incredulous, sometimes furious – but always there – for the rest of our lives … Maybe some will recall that in a transactional world, we had other priorities. Or maybe we will use those empty words: We did all we could.”
His was a genuine howl of despair. Another cry of pain came from Oman’s foreign minister, Badr bin Hamad Al Busaidi. Speaking to the Muscat retreat of the Oslo Forum, an international mediators’ discussion group, he explained: “We are worryingly close to a world in which certain kinds of foreign intervention – if not outright invasion and annexation of territory – are accepted as a normal part of international relations, rather than as illegal violations of our shared international order. How did this happen?”
Al Busaidi claims the problem predated Trump. “Restraint and respect for international law was abandoned in the aftermath of 9/11, with the launch of not one but two foreign interventions, in Iraq and Afghanistan, ostensibly aimed at the elimination of a terrorist threat, but in reality, functioning as explicit projects of regime change.”
Now some on the left welcome the idea that international law’s entry into the limelight has coincided with its loss of credibility. The critics would share the view of the Marxist Perry Anderson, writing in New Left Review, that “on any realistic assessment, international law is neither truthfully international nor genuinely law”.
They argue that US presidents – Democrat and Republican alike – have always in reality exempted themselves from the law’s constraints. The US has never been a signatory to the Rome statute or the UN convention on the law of the sea. Roosevelt was not that interested in forging a club of democracies, but wanted as much to create a law-based stability pact with Russia. Indeed, Prof John Dugard, a member of the South African legal team at the international court of justice, has argued that the Biden team’s choice of the phrase “rules-based order” was a revealing code because it showed the US ambiguity towards international law.
The Russian foreign minister, Sergei Lavrov, has long declared that the US is promoting “a west-centric rules-based order as an alternative to international law”. China’s foreign minister, Wang Yi, made the same criticism in May 2021 during a UN security council debate on multilateralism. “International rules must be based on international law and must be written by all,” he said. “They are not a patent or privilege of a few. They must be applicable to all countries and there should be no room for exceptionalism or double standards.”
For much of the global south too, the rules conceal histories of violence and racial hierarchy. Others see international law with its references to proportionality, distinction and necessity as a futile attempt to soften the essential brutality of war.
It has been left to an older generation to insist there is something precious worth preserving. Take the response of Christoph Heusgen, the outgoing chair of the Munich Security Conference, in the wake of Vance’s speech attacking European values made in February 2025.
Heusgen, who served for 12 years as Angela Merkel’s adviser on security and foreign policy affairs, told the conference: “We have to fear that our common value base is not that common any more … It is clear that our rules-based international order is under pressure. It is my strong belief that this more multipolar world needs to be based on a single set of norms and principles, on the UN charter and the universal declaration of human rights.
“This order is easy to disrupt. It’s easy to destroy, but it’s much harder to rebuild. So let us stick to these values.”
But Ansari, despondent after a year of often fruitless Middle East diplomacy, predicts we are “moving from a world order to disorder”.
“I don’t think we are moving towards a multipolar system. I don’t think we are even moving to a power-based international order. I don’t think we are moving towards any kind of system.
“We are moving into a system where anybody can do whatever they like, regardless if they are big or small. As long as you have the ability to wreak havoc, you can do it because no one will hold you accountable.”
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Map: 5.1-Magnitude Earthquake Strikes off the Coast of California
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A moderately strong, 5.1-magnitude earthquake struck in the North Pacific Ocean on Wednesday, according to the United States Geological Survey.
The temblor happened at 5:45 a.m. Pacific time about 40 miles west of Petrolia, Calif., data from the agency shows.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times
When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Wednesday, June 3 at 6:03 a.m. Pacific time. Aftershocks data is as of Wednesday, June 3 at 8:01 a.m. Pacific time.
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California’s primary for governor is undecided as candidates vie to be in the top two
Xavier Becerra, Democratic gubernatorial candidate for California, and Steve Hilton, Republican gubernatorial candidate for California, shake hands while arriving for a gubernatorial debate at KRON Studios in San Francisco in April.
Jason Henry/Getty Images North America
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Jason Henry/Getty Images North America
SAN FRANCISCO — The primary election for California governor is too close to call, with vote counting continuing Wednesday. Democrat Xavier Becerra and Republican business executive Steve Hilton lead the field with Democrat Tom Steyer in third place.
In California’s unusual primary system, all candidates, regardless of party, appear on a single ballot open to any registered voter. The top two candidates then move on to the general election, even if they’re from the same party. This year, voters had 60 names for governor to choose from.
The winner will lead the country’s most populous state, where leaders often take on national political prominence. Incumbent Gov. Gavin Newsom is at his two-term limit and could be a Democratic contender for president.
Becerra, former Health and Human Services secretary under President Joe Biden, pitched himself to voters as an experienced political leader who isn’t afraid of President Trump, but his lead caps one of the most surprising and dramatic comebacks in recent state political history. As recently as April, polls were showing Becerra — also a former member of Congress and California attorney general — languishing in single digits in a crowded field.
In his remarks at his watch party in Los Angeles, Becerra noted his underdog status.
“Here in Hollywood’s hometown, we love a good underdog success story,” he said, drawing parallels between his campaign and his immigrant parents’ success story in California. “Guess what? The underdog stayed in the fight. Like my parents, I never gave up. Never stopped putting one foot in front of the other. Never stopped believing in the beacon-like goodness of California. And thankfully, neither did you.”
Hilton is a former Fox News commentator who also served as a political adviser to former British Prime Minister David Cameron. He was endorsed by President Trump in April, helping him to pull ahead of Riverside County Sheriff Chad Bianco, the other major Republican in the race. Hilton has campaigned on the idea that California needs change after 16 years under total Democratic control.
The race is narrowing down after a tumultuous campaign
At his watch party in Huntington Beach, the British-born candidate — who became an American citizen five years ago — said it was the “honor of his lifetime” to receive over 1 million votes so far.
“Change is coming to California and it’s long overdue,” Hilton said. “We’re not there yet, but it’s looking good. It looks very much as if Californians really will have the chance to vote for change in November and take our state in a new direction.”
Democratic billionaire activist Steyer spent more than $213 million of his own money to boost his candidacy and push a progressive, populist message. While he was trailing Becerra and Hilton on Tuesday night, he said at his watch party in San Francisco that he remains confident he can close the gap in the days ahead.
“Together, we’ve scared the hell out of the corporate interests used to getting their way,” Steyer said. “It might take some time to figure out where this is going. We’re going to wait until every ballot is counted. We’re gonna give democracy a time to work. And we know we finished really strong.”
The early results are not certain to hold, in part because of unusual voting patterns in this primary election: Ballot-tracking data heading into Tuesday evening showed that Republicans were more likely to vote early by mail, while Democratic voters in this deep-blue state held onto their mail-in ballots or chose to vote in person. That’s the reverse of recent elections, which saw more Democrats voting by mail and Republicans tending to vote in person on Election Day.
The uncertainty on election night capped a race that remained crowded and unsettled to the end. To some extent, the race was defined by who wasn’t running.
Some of the state’s most high-profile Democrats — former Vice President Kamala Harris, U.S. Sen. Alex Padilla and California Attorney General Rob Bonta — all passed on a potential bid to succeed Newsom.
The race was disrupted in April when then-U.S. Rep. Eric Swalwell’s campaign for governor imploded amid allegations of sexual assault and harassment. Swalwell resigned from Congress shortly after the accusations surfaced and has denied assault allegations.
Swalwell had been gaining in polls and racking up high-profile endorsements, and his exit seemed to primarily benefit Becerra, who had been stuck in single digits in many polls. Ultimately, it quieted fears among Democrats who worried that the messy Democratic field could result in Bianco and Hilton winning the top spots in the June primary.
Marisa Lagos covers California politics at KQED and co-hosts the Political Breakdown show and podcast.
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Supreme Court reinstates Republican-favored Alabama congressional districts
The U.S. Supreme Court
Tasos Katopodis/Getty Images
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Tasos Katopodis/Getty Images
The Supreme Court on Tuesday cleared the way for Alabama to use a congressional district map favored by Republicans.
The court, in an unsigned order, overturned a three-judge district court panel that found that the map is “tainted by intentional race-based discrimination.” The court’s three liberals publicly dissented.
The ruling means that Alabama’s 2026 midterm elections will feature six Republican-leaning districts and one Democratic-leaning one, as opposed to a map with only five safe Republican seats. Democrat Shomari Figures, who represents Alabama’s Second District, will likely lose his seat as a result of the high court’s ruling.
The story of Alabama’s congressional map is long and tortured. It began in 2021, when the state implemented a new map to account for population changes in the census. The map featured only one majority-black district out of seven, even though the state is more than one-quarter Black.
Voters immediately sued, claiming the map illegally diluted minority votes in violation of the Voting Rights Act and the Constitution. Lower court judges agreed, ruling that the state must draw a map with two districts where Black voters have a realistic chance of electing their candidate of choice. The Supreme Court more than once has ordered Alabama to draw a compliant map.
But the state has refused and instead continued to litigate the case. On Tuesday, that tactic paid off.
What changed? In April, the Supreme Court’s conservative supermajority all but gutted what remains of the Voting Rights Act, ruling that states cannot purposefully draw districts that are majority-minority.
Alabama then asked the high court to reinstate the state’s old map, under the theory that this new ruling meant that it was permissible to use a map with only one majority-Black district. In an unsigned, unexplained order in May, the high court essentially reversed its previous opinions, and allowed Alabama to use the old map for the upcoming midterm elections.
This set off a flurry of activity in Alabama. By the time the Supreme Court issued its May order, absentee balloting had already begun, using the court-drawn map. So Republican Governor Kay Ivey cancelled elections and scheduled a special primary for August for the affected congressional races.
The case, however, was not over.
In its ruling, the Supreme Court had ordered a lower court panel to continue evaluating Alabama’s map in light of its recent Voting Rights Act decision. And just 15 days after that order, the panel, composed of three Republican judges—two of them Trump appointees—concluded unanimously that even under the Supreme Court’s new standards, the plan for a single black district was “intentionally discriminatory.”
So, once again, Alabama returned to the Supreme Court, arguing that the map was partisan, not racially discriminatory. In short, that the Republican legislature simply drew the map to elect more Republicans. And that under the Supreme Court’s new interpretation of the Voting Rights Act, the GOP map should be allowed to stand.
The court’s conservative agreed, writing that the lower court “did not heed the presumption of legislative good faith.”
The court’s three liberals publicly dissented, castigating the conservative majority for failing to abide by its 2006 decision in the case of Purcell v. Gonzalez. That decision declared that courts should not change election rules too close to an election.
Justice Sonia Sotomayor, in her dissent, said the court “debases the democratic process” and “corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”
Tuesday’s decision is the latest in a series of Supreme Court rulings that could well reshape the 2026 midterm elections, making it much harder for Democrats to prevail.
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