As of 2026, 74% of the world population, around 6 billion people now live under autocratic rule. This striking statistic reveals the decline of democratic governance highlighting how fragile democratic systems can become when institutions designed to protect them begin to weaken. Democracy is therefore more than just holding elections every few years, it depends on institutions capable of limiting government power, protecting rights and ensuring accountability. Courts, legislatures and constitutions are forms of domestic institutions meant to safeguard democracy yet when these domestic institutions are weakened the mechanisms designed to protect democracy from within can become ineffective. Instead international law can potentially offer another layer of protection by establishing obligations to ensure rights are being fulfilled as well as constraints of the executive. However, the effectiveness of international law can be contested.
International law seeks to regulate the behaviour of states by setting rules and obligations governments are expected to follow. In context to democracy international law aims to reinforce rights, freedoms whilst restricting excessive concentrations of power in order to create meaningful political participation. For example the ICCPR (International Covenant on Civil and Political Rights protects democratic participation through rights such as freedom of expression under Article 19 and peaceful assembly under Article 21. These rights are essential to democracy as they allow citizens to openly criticise governments, organise collectively and hold those in power accountable. By placing international legal obligations on states to uphold these freedoms, the ICCPR seeks to limit the ability of governments to exercise power without scrutiny, creating the conditions for meaningful political participation which is fundamental for a thriving democracy.
Although international law can place legal obligations on states through treaties and institutions, their effectiveness often depends on states willingness to comply; this is because the state is seen as sovereign. Another factor which needs to be considered is the strength of the mechanisms available to hold those who break international law accountable. Only 36 of 197 states (18%) were fully compliant with their reporting obligations under the international human-rights treaty system. This highlights a major disadvantage of international law as its ability to ensure states oblige by these rules remain limited. This becomes particularly significant when domestic institutions themselves have been weakened, captured or deliberately undermined by those in power. If the institutions responsible for protecting democracy from within can no longer provide meaningful checks on government power, to what extent can international law step in to fill that gap?
Bangladesh provides a useful case study for examining whether international law can protect democracy when domestic institutions become weakened. Before 2024, the country faced a major political crisis as concerns grew over rising corruption within the leading party known as the Awami league. Political competition declined, while restrictions on opposition activity undermined the credibility of elections which was the result of unchecked power held by the executive. Bangladesh demonstrates the difficulty of protecting democracy when domestic institutions are weakened. In the lead-up to the 2024 election, the UN reported that around 25,000 opposition leaders and supporters had been arrested and that 56 people had been killed in election related violence. The situation deteriorated further from July to August 2024 protests, when a UN investigation estimated that as many as 1,400 people may have been killed. These events are particularly significant because Bangladesh was already warned about international human rights obligations by the UN. This highlights how domestic institutions can fail to constrain government power, fundamental rights such as freedom of expression, political participation and peaceful assembly can be undermined, weakening the democratic process itself. Which raises the question of whether international law can do more than establish standards when domestic institutions fail to uphold them.
International law can protect democracy, but only to a limited extent. It provides states with legal obligations to uphold rights such as political participation, freedom of expression and peaceful assembly, while international monitoring can expose violations and create pressure for governments to change their behaviour. However, the experience of Bangladesh demonstrates that these mechanisms cannot guarantee a democratic government when domestic institutions are unwilling or unable to uphold these rights. Ultimately, international law can strengthen and support democracy, but it cannot substitute for effective domestic institutions. Its greatest limitation is not the absence of legal standards, but the difficulty of enforcing them when states are unwilling to comply.
References
V-Dem Institute (2026) Democracy Report 2026: Unraveling the Democratic Era? V-Dem Institute, University of Gothenburg. Available at: https://www.v-dem.net/documents/75/V-Dem_Institute_Democracy_Report_2026_lowres.pdf
United Nations Human Rights Committee (2011) Article 19, Freedoms of Opinion and Expression. Available at: UN OHCHR – General Comment No. 34
United Nations Human Rights Committee (2020) Article 21, Right of Peaceful Assembly.. Available at: UN OHCHR – General Comment No. 37
United Nations Office of the High Commissioner for Human Rights (2018) Status of ratification and reporting obligations under the international human rights treaties. Available at: UN OHCHR – Treaty reporting obligations
United Nations Office of the High Commissioner for Human Rights (2024) Bangladesh: Government must prioritise human rights in its fourth term. 24 January. Available at: UN OHCHR – Bangladesh, January 2024
United Nations Office of the High Commissioner for Human Rights (2025) Bangladesh: UN report finds brutal, systematic repression of protests. 12 February. Available at: UN OHCHR – Bangladesh, February 2025
