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Edited on Tue Feb-07-06 01:49 PM by kenny blankenship
will attack Iran just as it was his pretext in invading Iraq. By subscribing yourself to the notion of international rule of law, while in fact nothing of the kind exists, you are pledging yourself to principles Bush will claim justifies--necessitates--a preemptive attack on Iran. Bush wants to execute a prisoner--and you load and hand him the revolver to do it. He mustn't pull the trigger you say, not yet, because certain conditions haven't yet been met. But you know as well as I that he will pull the trigger. He'll have done it before you can even finish telling him about those conditions.
Because no countervailing power exists in the world to check the military power of the United States, and the United States currently refuses to abide by international rule of law, it is sheer hypocrisy to speak of the rule of law anymore in an international context. It would be different if America were just another country like France. But America's power is the only power capable of enforcing "laws" among nations in typical cases, and in this case there is certainly no coalition ready and willing to bring us to justice. Actually it's worse than hypocrisy to speak of international law, it's abject naivete. It's a tactical error. Our subscribing to it, in the face of knowledge that "International Law" is only being used to excuse invasions, just makes Bush stronger. Law in an international sense only exists now as a verbal and imaginary figleaf for the raw pursuit of military empire. Regardless of how it started or how it may have been used in the past, that is what it is now. So better to call it what it is since appealing to the original intent of the legal order--namely to prevent and forbid war, to make aggressive wars a prosecutable act--has the reverse effect and actually encourages and facilitates aggressive wars. The Law of Nations, in the Bush era, is simply a conversion of murderous criminality into assumed, unquestionable authority. The truth is that United States under George Bush is at war implicitly with the whole world--implicitly since no country dares to stand up and be the first to declare explicitly that a state of world war exists.
The other countries don't believe an international system of law exists at this moment, either. If they did believe that law ruled, they would stand up and state the obvious fact that the United States is engaged in wholesale violations of the United Nations Charter. That the UN cowers instead and accomodates the invasion of Iraq, not endorsing the "use of force" on the one hand but on the other hand, not condemning a patently illegal war, nor the humanitarian disaster and civil war that is following in the wake of our armies in Iraq ought to tell you everything you need to know about "rule of law". It's over. It's 100% absent from the world. If it ever really existed it's surely dead now. Look there are no gray areas in the starting of war, legally speaking. Either the war was justified under the UN Charter or it was a massively illegal act--the international equivalent of Murder in the First Degree. So which was it? That's a question that cries out for an answer, and it's an either-or answer. The whole point of HAVING LAW in the first place is void if there is no answer to all-important questions like this one. And what is the answer? There is no answer. The UN says nothing. Not "we don't know". Not it's OK. Not it's illegal. It just says NOTHING AT ALL. The UN pisses its pants in silence. What exists now is the rule of the jungle.
You must examine the metaphor of law in an international context--what does law mean? It means set standards of conduct and that assumes the power to enforce standards and it assumes disinterested determinations of legality and illegality--that the standards being enforced are truly standards. Is there currently any enforcement? No, there is no enforcement. The United States was the premier enforcement power acting with other countries, with their consultation and assent or actual assistance. But now we are the premier outlaw nation, and we enforce only our will. WHERE is the enforcement to stop us? It does not exist. A state of lawlessness covers the world in our shadow. Where is the dispassionate evenhanded determination of legality? We now do to Iraq what Iraq did to Kuwait and the United Nations says nothing, but maintains an abject silence hoping only to avoid drawing the wrath of George Bush. No law currently exists--a global state of war has replaced it. It is worse than a state of lawless war. In this world war, no law is held to exist but laws mandating war, rape and murder. What exists is Unlaw, to protect criminals from victims and to keep innocent bystanders from meddling.
If it is ever brought to heel, America must be bound by a new order of international law, but it will not be for us to say what those laws shall be, just as German Nazis were not consulted in the Nuremburg Conventions nor in the drafting of the United Nations Charter.
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