Visco queries Israel’s response to Hamas
As the international legal community comes under increasing scrutiny over its response to the war in Gaza, a new episode of The Justice Edit from Irish Rule of Law International (IRLI) explores defining legal and democratic challenges confronting the international order.
In a wide-ranging interview with Claudio Visco, President of the International Bar Association (IBA), The Justice Edit examines the principle of proportionality under international humanitarian law.
It also examines accountability for Russia's invasion of Ukraine, the future of international justice, the International Criminal Court, democratic resilience, and the governance of artificial intelligence.
Reflecting on Israel's military response following the Hamas attacks of 7 October 2023, Visco discusses the principle of proportionality and offers his personal assessment of events.
Proportionality
"In our statement, which we issued immediately after the events, we clearly stressed that we accepted proportionality in the reaction.
“If you ask me has that proportionality occurred, and this is my personal view – it is Claudio Visco speaking, not the IBA, I am personally convinced it did not."
The interview also explores whether differing international responses to conflicts in Ukraine and Gaza risk undermining confidence in international legal institutions and asks whether international law can retain its authority if it is perceived to be applied inconsistently.
Visco explains why the International Bar Association has supported efforts to establish a Special Tribunal for the Crime of Aggression in relation to Russia's invasion of Ukraine.
He also reflects on mounting political pressure facing international legal institutions, including the International Criminal Court (ICC) and major law firms involved in high-profile international cases.
Despite these challenges, he expresses confidence in the resilience of democratic institutions and the enduring strength of the rule of law.
"The rule of law is so much part of the culture of a country, like the United States, that we know that the democracy will be able to regain the position that it should have."
Escalating tensions
The conversation also addresses the escalating tensions involving Iran, Israel and the United States, examining the legal limits of self-defence under the United Nations Charter, before turning to the opportunities and risks presented by artificial intelligence.
Visco outlines why the IBA has established a dedicated AI Institute.
The episode concludes with a discussion on public confidence in lawyers, democratic resilience and why younger generations should not lose faith in institutions, even during periods of significant geopolitical instability.
"We are the first ones to work on what is going on, and what is going on is a number of serious attacks against the rule of law. But at the same time, you should be aware that society is reacting. And this is the message we want to convey," Visco concluded.