Failed States : The New Challenge to International Law

Abstract

The failure of states to function as ‘states’, as defined by the traditional criteria for statehood as described by the Montevideo Convention of 1933, has become a major problem. So-called ‘failed states’ impact on the international, regional, and local levels because of the repercussions resulting from the collapse of social, political and legal institutions. The citizens of individual nations are affected and the concomitant disorder permeates into neighbouring territories. This, in most instances, leads to humanitarian catastrophes, armed violence, chaos, anarchy, and sows the seeds of civil war. The resulting breakdown of the rule of law creates a legal vacuum, which provides fertile soil for terrorist activities and extremism both internally and externally. Non-state actors such as al-Qaeda, al-Shabaab, Hezbollah, Harkat-ul-Muyadiheen, the Taliban, and Boko Haram all find fertile ground and either contribute to the failure of states or exploit the failing or failed state