Why a set of treaties from 1648 CE is more important than ever

If you’ve never learned about the 1648 Peace of Westphalia, then now is an excellent time to do so. This set of treaties, agreed to by the leaders of more 100 little European statelets and dukedoms in an era in which the modern-style “nation state” was only just emerging, laid the ground rules for the international state system that has existed until today. Its core principle was the sovereign independence and equal standing of all states in the system.

That principle, as extended to and embraced by all the 193 states in today’s international system, lies at the heart of the Charter of the United Nations, as adopted in San Francisco in 1945. In Article 2, the UN Charter states clearly that:

(1) The Organization is based on the principle of the sovereign equality of all its Members…

(4) All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.

As we know, in the 80 years since 1945 many states have violated these principles of the Charter (and many others.) But the action the U.S. government took on January 3, sending military forces to violently blast their way into the home of the head of another sovereign state and to snatch him and his wife and take them to U.S. territory on a flimsy judicial pretext, has been among the most egregious and the most threatening to today’s whole system of international law.

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