International Mediation And Power Politics: A Critical Analysis Under Article 33 Of The Un Charter
- IJLLR Journal
- 2 hours ago
- 2 min read
Hiten Berwal, LLM, Graduate from City St George’s, University of London
ABSTRACT
This article critically examines the role and effectiveness of mediation in resolving international disputes under Article 33 of the United Nations Charter. While mediation is widely recognised as a key mechanism for the peaceful settlement of disputes, this study evaluates its practical limitations through both doctrinal analysis and contemporary geopolitical developments.
The article explores the theoretical foundations of mediation, including the role of neutral and biased mediators, the use of non-coercive enforcement mechanisms, and the importance of timing and strategy in achieving durable outcomes. It further analyses historical case studies, such as the Kashmir dispute, the Rann of Kutch arbitration, and the Minsk Agreements, to demonstrate the varying success of mediation across different contexts.
Building on this framework, the article situates mediation within the contemporary Iran–Israel–US tensions, highlighting how power politics, military build-ups, and strategic interests increasingly shape mediation processes. It argues that while mediation retains normative significance under international law, its effectiveness is often undermined by the lack of genuine political will and the growing prevalence of biased or interest-driven mediators.
The article concludes that mediation remains a vital but limited tool in international dispute resolution. Its success depends not only on appropriate design and timely intervention but also on the broader geopolitical environment in which it operates, raising important questions about the future of peaceful dispute settlement in an increasingly fragmented global order.
This article will analyse the significance of mediation in dealing with international disputes as recognised by Article 33 of the United Nations Charter.1 Article 33 encourages the parties in conflict to resolve the dispute through various ADR and Adjudicatory processes, among which mediation is a critical process.
