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Islamabad Talks, Global Failure: The US–Iran Ceasefire Collapse and the Crisis of International Legal Authority -By Fransiscus Nanga Roka

The summit meeting in Islamabad should not go down in history as a lost chance, but is to be noted by everyone who has an interest in China’s political system of today that chasm between what is legal and what actually happens has gotten much too big be ignored any more. Nor can anyone overlook the fact while control if power relies on self restraint rather than compulsion how can such a system hope even keep going much less survive with even a bit of spirit?

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Gaza has been under heavy Israeli bombardment for weeks [File: Ohad Zwigenberg/AP]

It was supposed to be a peace summit. Instead, the world saw Islamabad under-enosis into a mess hall of failure.

After 21 hours of high stakes negotiations, the United States and Iran left without a deal, each side blaming the other, with a fragile ceasefire teetering on collapse. What had appeared as diplomacy in action showed far more sinister game: the erosion of international law to a made for TV without repercussions gold mine. This was not only a failed negotiation but the exposure of a system that does not work any more.

The Islamabad talks are historic, the first direct dialogue between Washington and Tehran in years. They were meant, organized and watched around the world. But they failed in the most predictable way unimaginable: irreconcilable demands by different parties, different narratives, with no mechanism for reconciling. The United States wanted nuclear restraint, Iran sovereignty, reparations, and regional concessions. Both walked away keeping their positions intact and the world walked away with nothing. This is the illusion of today’s diplomacy: talk without consequence.

According to theory, international law is meant to rule out precisely this. Ceasefires are not just tactics in the struggle stored alongside other, common political messages. These are legal compacts with expectations of adherence and enforcement beneath them. But in practical terms they have become symbols: each negotiated quickly, broken without serious opposition, then dumped even less ceremoniously than expected. Yet the Islamabad disaster tells us a harsh truth: International law does not fail because it is ignored. It fails because it is unable to enforce itself.

This is not only a spot of temporary bad luck in diplomacy, but a serious structural collapse. The world s legal order rests in mutual submission among sovereign states. There is no world government with powers of enforcement capable of setting an example to individuals Responsible decisions are made by strong men, word is law. Treaties run only as long as they hold water well; and if they burst why sign? Laws without the consent of those they would regulate become indistinguishable from politics.

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As for politics, unlike law, there is no obligation to be self-consistent.

The consequences, though, are becoming clearer by the day. Ceasefires are already becoming very shaky, and now might be coming to an end. Regional tensions -from the Strait of Hormuz to Lebanon- still go unresolved and ongoing violence makes a mockery of bombastic claims that ‘things are de-escalating’ Oil markets shiver confusing flags flutter,once cold warriors join new adversaries, and the looming specter of renewed conflict seems like a genuine possibility.

But the scope of the crisis is not geopolitical, instead it is within the law itself.

if ceasefires can fall apart with no adverse consequences, what scope does international law have left for power? What distinguishes negotiation from rhetoric, when negotiations being uncuccessful is met without blame? The uncomfortable answer is, precious little.

This is not what we we had hoped for from international law. It was based on the belief that rules could hold power in check, that agreements would prove stronger than mere political expedience and that infractions would bring about penalties. But the Islamabad talks tell another story one in which power shapes the law and not vice versa.

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In this telling cease-fires are strategic halts, not hard and fast obligations. Negotiations are tactical moves, not freely agreed peace pacts. And international law becomes an exercise in excuse making, not something which exists to be enforced.

Small States can all draw the same message : legal protection is conditional and cannot be taken for granted. The message to civilians is even harsher: your security depends on changing interests of countries, not on law. And for the international community there is a clear message : the current apparatus is no longer able to make good on what it promises.

This crisis is more than a diplomatic one. It is also a crisis of legitimacy.

What is needed is not more negotiations but a complete rethinking of the working set up international law follows. International law cannot remain a system where binding force is optional and crises are not costly. It must become a framework of a greater sort, where responsibility comes from making commitments and there are penalties attached -where cease-fires are not just declared but are guaranteed.

As long as it isn’t enforced, law can never really be called a law. Instead, it’s just a performance or rather a play.

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The summit meeting in Islamabad should not go down in history as a lost chance, but is to be noted by everyone who has an interest in China’s political system of today that chasm between what is legal and what actually happens has gotten much too big be ignored any more. Nor can anyone overlook the fact while control if power relies on self restraint rather than compulsion how can such a system hope even keep going much less survive with even a bit of spirit?

This is because in a world where ceasefires can fail without domestic consequences is orphanage.

Fransiscus Nanga Roka

Faculty of Law University 17 August 1945 Surabaya

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