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7. Upholding and Strengthening International Law

Committing to a Rules-Based International Order​

International law—encompassing treaties, customary practices, and the rulings of international courts and tribunals—provides an essential framework for governing relations between states, regulating global commons, protecting human rights, and promoting peace and security. A stable, predictable, and just international order depends on widespread adherence to and respect for international law. While the system is imperfect and enforcement can be challenging, upholding international law is crucial for managing global interdependence and preventing a descent into anarchy or rule by force.

Our platform commits the United States to strengthening its commitment to international law and leading efforts to ensure its development and enforcement. We believe that U.S. adherence to international legal norms enhances its legitimacy and influence, strengthens alliances, and ultimately serves its long-term security interests.

Key Strategies for Upholding International Law:​

  1. Accede to Key International Treaties:

    • Pursue ratification of or accession to fundamental international treaties where the U.S. is not yet a party, such as the UN Convention on the Law of the Sea (UNCLOS), the Rome Statute of the International Criminal Court (ICC) (with appropriate consideration of U.S. constitutional concerns and safeguards), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and the Convention on the Rights of the Child (CRC). Joining these treaties strengthens the international legal framework and U.S. leadership.

  2. Respect and Support International Courts and Tribunals:

    • Engage constructively with international judicial bodies like the International Court of Justice (ICJ) and support the work of international criminal tribunals (including the ICC, where appropriate) aimed at ensuring accountability for genocide, war crimes, and crimes against humanity.
    • Cooperate with international investigations and prosecutions consistent with U.S. law and interests.

  3. Incorporate International Law into Domestic Policy:

    • Ensure U.S. domestic laws and foreign policy actions are consistent with its international legal obligations, including treaty commitments and customary international law regarding human rights, the use of force, and humanitarian law.
    • Strengthen mechanisms within the executive and legislative branches for reviewing the international legal implications of proposed actions.

  4. Promote the Peaceful Settlement of Disputes:

    • Utilize and support international mechanisms for the peaceful settlement of disputes between states, including negotiation, mediation, arbitration, and judicial settlement via the ICJ.

  5. Champion International Humanitarian Law (IHL):

    • Uphold and promote respect for IHL (the laws of war) in all contexts. Ensure U.S. military operations comply with IHL principles of distinction, proportionality, and precaution, and advocate for adherence by all parties to conflicts.
    • Support the work of the International Committee of the Red Cross (ICRC) and other humanitarian organizations.

  6. Develop International Law for Emerging Challenges:

    • Lead efforts to develop international legal frameworks for new global challenges, such as cybersecurity norms, governance of artificial intelligence, space activities, and climate change response, ensuring these frameworks are grounded in human rights and equity.

Conclusion:​

A strong commitment to international law is essential for a stable, predictable, and just world order. By acceding to key treaties, supporting international courts, ensuring domestic compliance, promoting peaceful dispute settlement, and leading efforts to develop law for new challenges, the United States can strengthen the rules-based international system, enhance its global leadership, and advance both its interests and its values. Upholding international law is not a constraint on sovereignty but an investment in collective security and shared prosperity.