By Yusuf Abdullahi Hassan (Dastuuri) - Somali Lawyer and Author on Public Law, Director of the OGAAL Institute of Legal Studies
Introduction
When we trace the historical footprint of early human societies, it is well known that during what is often referred to as the “Primitive Age,” there were no formal laws or structured systems to regulate social order. Instead, what prevailed was the so-called “law of the jungle,” a rudimentary environment in which power and force determined outcomes.
Justice in such a setting was often subjective, shaped by the will and authority of those who held dominance. As human populations gradually expanded and social interactions became more complex, it became increasingly evident that such a system was neither sustainable nor suitable for long-term coexistence.
Over time, societies began to recognize the necessity of moving beyond this unstructured order. The absence of clear rules led to instability, unpredictability, and conflict, making it difficult for communities to function cohesively. This realization pushed early civilizations toward the creation of organized legal systems that could regulate behavior, resolve disputes, and establish a sense of fairness.
The Emergence of Law
Early civilizations in Mesopotamia took some of the first significant steps toward organized governance and legal development, laying essential foundations for modern civilization. They introduced structured laws and administrative systems designed to regulate and unify their societies under a shared framework.
One of the most notable examples is King Hammurabi of Babylon (1792–1750 BCE), who codified a set of 282 laws. Although not the earliest legal code, it was among the most advanced and clearly defined of its time, and it went on to influence later legal systems and cultural practices across different regions of the world.
Similarly, the ancient Romans played a central role in the evolution of legal thought. They developed a highly sophisticated legal system grounded in reason, order, and codification. One of their earliest and most important contributions, the “Law of the Twelve Tables,” marked a major milestone in the formalization of legal principles.
These developments collectively demonstrate how early societies transitioned from arbitrary systems of power to structured frameworks based on rules, predictability, and shared norms.
The 20th Century
Despite centuries of progress in the development and application of law, the 20th century witnessed a troubling return to conditions resembling the “law of the jungle.” In July 1914, established norms and principles of peaceful coexistence were effectively abandoned, leading to the outbreak of World War I.
Competing powers across Europe and beyond engaged in a brutal struggle for dominance, resulting in one of the most devastating conflicts in human history. The total number of military and civilian casualties is estimated to be between 15 and 22 million deaths, with approximately 21 million soldiers wounded.
Soon after, an even greater catastrophe unfolded. The world once again descended into large-scale violence, as nations intensified their military capabilities and engaged in widespread destruction. World War II became the deadliest war ever recorded, with an estimated death toll ranging between 60 and 75 million people.
This figure includes those who perished not only from direct combat but also from famine, hunger, and disease caused by the war. Direct war-related deaths, including both civilians and soldiers, are estimated at 50 to 56 million, while an additional 19 to 28 million died due to war-related disease and starvation.
During this devastating period, Japan experienced an unprecedented tragedy when the United States dropped atomic bombs on the cities of Hiroshima and Nagasaki in August 1945. Approximately 70,000 to 80,000 people died instantly in Hiroshima, while around 40,000 were killed in Nagasaki. By the end of 1945, total deaths had risen significantly due to injuries and radiation exposure, highlighting the destructive potential of modern warfare.
The Re-establishment of Modern International Law and Treaties
After World War II ended in 1945, nations were left exhausted and deeply devastated, while the global community longed for a lasting system of peace to overcome the destruction and trauma caused by the two world wars. In response, representatives from 50 countries gathered at the United Nations Conference on International Organization, held in San Francisco between April 25 and June 26, 1945. Over the following months, they jointly drafted and signed the United Nations Charter, establishing the United Nations as a new international institution built on the hope of preventing future global conflicts.
At the same time, new treaties and legal principles were introduced to regulate state behavior and prevent the recurrence of war. Particular emphasis was placed on prohibiting the use of force between states and encouraging peaceful resolution of disputes. However, over time, tensions and rivalries between states began to re-emerge, raising concerns about the durability and effectiveness of these legal frameworks.
Modern Conflicts and Legal Challenges
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Reflecting on more recent events, the United States invaded Afghanistan on October 7, 2001, following the September 11 attacks. The operation, known as Operation Enduring Freedom, targeted the Taliban regime then in power. The war resulted in widespread destruction, the deaths of thousands of civilians and soldiers, and the displacement of millions, becoming one of the longest conflicts in U.S. history.
Similarly, in October 2002, the United States Congress authorized the use of military force against Iraq. On March 20, 2003, Operation Iraqi Freedom began. It is estimated that around 461,000 people died in Iraq between 2003 and 2011 as a result of the war, while the financial cost to the United States reached approximately $3 trillion.
More recently, on October 7, 2023, Hamas launched an attack on southwestern Israel, marking the beginning of an intense conflict between Israel and Hamas. The Israeli offensive in the Gaza Strip has been widely regarded as one of the most severe campaigns against a civilian population, raising serious concerns about violations of international law. Reports indicate that a large proportion of casualties were women and children, while attacks on healthcare facilities, schools, and universities caused extensive destruction and disrupted essential services.
Russia and Ukraine
The invasion of Ukraine by Russia officially began on February 24, 2022, although its roots trace back to 2014, when Russia annexed Crimea. The conflict emerged from political and security tensions, particularly Russia’s opposition to Ukraine’s efforts to align with Western institutions and join NATO. Russia’s military actions are widely viewed as a violation of the United Nations Charter, which prohibits the use of force against the territorial integrity or political independence of any state.
The war has had severe consequences for both civilian populations and military forces, with significant human and economic costs. Casualty figures on both sides continue to rise, while millions of civilians have been displaced. The scale and persistence of the conflict reflect the growing challenges facing the enforcement of international law in the modern era.
Iran and Israel
Tensions between Iran and Israel have further complicated the global legal landscape. Military actions, including targeted killings, strikes on nuclear facilities, and attacks on both military and civilian sites, have raised serious legal and political questions. While such actions are often justified under the principle of self-defense, they are widely debated in terms of their compliance with international law.
The escalation of these tensions has also had broader global implications. Disruptions to key trade routes, including the Strait of Hormuz, have affected global energy markets and increased economic uncertainty. These developments highlight how regional conflicts can quickly extend beyond their immediate context and impact the wider international system.
Israel’s Involvement in Lebanon
Since October 2023, military operations in Lebanon have resulted in thousands of deaths and injuries, as well as the displacement of large segments of the population. Attacks on civilian infrastructure, including healthcare facilities, have raised serious concerns under international humanitarian law. Medical personnel and institutions, which are typically protected during armed conflict, have not been spared.
The humanitarian impact of the conflict has been severe, with large numbers of people forced into overcrowded conditions and facing limited access to essential services. These developments further illustrate the challenges facing international legal frameworks in ensuring accountability and protecting civilian populations.
Conclusion
Taken together, these events demonstrate a clear and concerning departure from the international legal norms that once governed relations between states. The erosion of these principles presents serious global risks, including the potential escalation of conflicts on a much larger scale. When legal standards are weakened or ignored, the likelihood of instability and confrontation increases significantly.
Unless major powers return to rational dialogue, reaffirm their commitment to international law, and adhere to the principle of the rule of law, the consequences could be far more devastating than those witnessed in the past. The future of global stability depends not only on the existence of legal frameworks but on the willingness of states to respect and enforce them.
*Yusuf Abdullahi Hassan (Dastuuri) is a Somali lawyer and author specializing in public law and legal reform. He serves as Director of the OGAAL Institute of Legal Studies.
**The opinion expressed in this article are those of the author and do not necessarily reflect the views of Dawan Africa.