saxitoxin wrote:It's generally accepted now that offensive war can only be waged with the approval of the Security Council, as per the UN Charter. Therefore, states will seek approval before waging offensive war to legitimize themselves to their domestic publics. If the warring government acts anyway, it does it, first, with a weakened domestic political position and, second, the potential its leadership might be held criminally liable at some point in the future.
At present, UN law clearly only carries weight with people in the event they can get it to agree with them. The illegality of the Gulf Wars, the Iraq War, the Soviet-Afghan War, the Vietnam War, the Falklands War etc. has not stopped any of the aggressors in those wars from starting them.
Second, the Security Council prevents misunderstandings when enforcement actions are necessary. By having the protocols and objectives for a war made part of the public record, and by relieving states of legal obligations to each other by having everyone agree the Security Council has penultimate authority, you lessen the possibility of the triggering of secret alliances.
That law would still exist even if all current members of the SC were replaced with new ones, and my argument is that the law could be far more credibly applied by countries who have not consistently flouted it.
Finally, giving the states that have the power to start the most destructive wars a veto works because it keeps them engaged in the international system. The U.S., Russia, or China have the military capacity to flaunt international law. By giving them a veto over lawmaking you ensure they never have cause to either disengage or start a competing body.
All the veto does is give them a tool for blocking anything that goes against their own geopolitical interests. You might as well not have the organisation if it is, by design, in total capitulation to the people whose behavior it is most intended to reign in.