‘The growing anti-internationalist sentiment in the U.S. and the unilateral actions taken by the Trump administration are bound to jeopardise multilateral political and economic cooperation among states’
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The mantra of ‘America First’ is shaping U.S. President Donald Trump’s administration, marking a significant turning point for multilateralism and international law. Since the beginning of his second term, a series of measures have signalled the U.S.’s withdrawal from the very multilateral institutions and agreements it once helped establish. These include calls for withdrawal from key entities such as the World Health Organization, the UNHRC, and the Paris Climate Agreement and sanctions against the International Criminal Court (ICC) and its officials. The most recent addition in this series is the introduction of the Disengaging Entirely from the United Nations Debacle (DEFUND) Act by Republican Senator Mike Lee from Utah, which would allow the U.S. to withdraw from the United Nations. The new American approach has serious consequences for an international order based on multilateral cooperation and respect for international law.
Back to political and economic isolationism
First, the proposed DEFUND Act poses a threat to the legitimacy of the UN, which, despite its shortcomings, remains one of the most remarkable examples of international cooperation in the post-Second World War era. Should the DEFUND Act pass, it could sever the U.S.’s relationship with the UN by repealing critical legislation such as the United Nations Participation Act of 1945 and the United Nations Headquarters Agreement of 1947. This would halt all financial contributions to the UN and prohibit U.S. participation in UN peacekeeping operations.
Additionally, it would revoke the functional immunity of UN officials from other countries working in the U.S., making it difficult for the UN to effectively carry out important functions such as peacekeeping and the protection of human rights. These possible measures against the UN represent an attack on multilateral political cooperation, which is the bedrock of a rules-based international order.
Second, a February 6 Executive Order imposed sanctions on the International Criminal Court (ICC), located in The Hague, which serves as the first permanent court punishing individuals for crimes such as genocide, crimes against humanity, and war crimes. Following the Second World War, the U.S. was instrumental in establishing the Nuremberg Tribunal to hold individuals accountable for such atrocities. The U.S. Chief Prosecutor at the Nuremberg trials, Robert H. Jackson, famously stated that “the willingness to submit enemies to the rule of law marked a triumph of reason over power”.
The legacy of Nuremberg is echoed in the mission of the ICC, notwithstanding the fact that the U.S. is not a member of the ICC and has not ratified the Rome Statute. The executive order accuses the ICC of engaging in “illegitimate and baseless actions targeting America” and its close ally, Israel. Such accusations undermine the court’s purpose and function to ensure accountability and prevent impunity for perpetrators of grave crimes violating human rights.
Trade troubles
Third, the reinvigorated economic nationalism in the Trump administration has led to the implementation of aggressive tariffs in the name of American safety and national security. A historical parallel can be drawn to the era of the 1930s when trade protectionism, triggered by the Smoot-Hawley Tariff Act enacted by the U.S., had dire economic consequences and saw the world spiralling into the chaos of the Second World War. It was this recognition of the economic and political vulnerabilities of countries due to isolationism that led to the adoption of a rules-based multilateral trading order in the form of the General Agreement on Tariffs and Trade (GATT) of 1947, which later evolved into the World Trade Organization (WTO).
Today, the WTO is also facing an existential crisis due to the U.S. blockade on appointments to the Appellate Body of the WTO Dispute Settlement, and a looming threat of U.S. withdrawal.
Action and reaction
Overall, the growing anti-internationalist sentiment in the U.S. and the unilateral actions taken by the Trump administration are bound to jeopardise multilateral political and economic cooperation among states. This, in turn, would lead to the devaluation of international institutions that govern and facilitate global cooperation. These institutions, founded on the principle of shared sovereignty, play a crucial role in creating and interpreting international law while maintaining a rules-based international order. Withdrawal from, and restricting the functioning of international institutions and agreements would have significant repercussions for the pressing issues of our time, such as climate change, environmental degradation, public health, respect and accountability for human rights, and economic stability and growth.
Furthermore, the U.S. risks facing retaliation from other states and may find that initiatives such as MAGA, or ‘Make America Great Again’, cannot thrive without the support of multilateral cooperation. Consequently, resistance from the international community is essential, as mutual enrichment among nations can only be achieved through cooperation rather than coercion. On the positive side, this scenario offers non-western nations such as India, the chance to assume leadership roles.
India has consistently emphasised the importance of multilateralism and adherence to international law. Aptly, during the G-20 Foreign Ministers’ Meeting (February 2025), in Johannesburg, External Affairs Minister S. Jaishankar reiterated the need for an inclusive and multilateral approach to global challenges and called for prioritising international law and peaceful resolutions. Additionally, this also serves as an opportune moment to reform the UNSC, as India has been consistently demanding.
Varsha Singh is Assistant Professor at the National Law University, Jodhpur, Rajasthan
Published – March 21, 2025 12:08 am IST
