When humans get in the way of law

May 15, 2026

I was deeply moved by Professor Emerita Gillian Triggs AC’s article on the collapse of the rules-based international order. Her analysis of weakening institutions, international law and democratic norms is compelling, but it may understate one uncomfortable reality – institutions are only as strong as the people willing to uphold them.

International law has always been fragile because, unlike domestic law, it relies largely on voluntary restraint, common values and mutual interest. The post-war order emerged from the trauma of fascism, genocide and world war, when countries declared “never again”. However, memory fades, fear returns and human beings don’t always act consistently under pressure.

War, economic insecurity and social division encourage populism and nationalism. Refugees then become the test of whether societies genuinely believe in universal human dignity, or only when circumstances are comfortable.

Australia’s offshore detention policies matter not only because they breach legal principles, but because they show how quickly fear can eradicate compassion.

We need stronger laws and institutions, including a national Human Rights Act, but no legal framework can survive without people and leaders willing to act with decency and moral courage.