Saturday, February 9, 2013

Clap your hands if you believe in international law

We in the United States appear to be hurtling fast down the proverbial slippery slope of what is consider OK.  Torture, extrajudicial imprisonment, and now the recent leak of a memo on the use of drones for targeted killings of suspected terrorists, including those with American citizenship.  I remember my very first class in graduate school was International Law and our first assignment was to read John Bolton's critique which basically said "there is no international law."  While I am no Bolton fan, I understand his point--a legal system is only as good as both it's buy in from the governing body and a mechanism of enforcement, both of which have increasingly been called into question.  However,  on the contrary, there's actually a strong case to be made for international law and for its existence.  Those of you who believe in fairies, clap your hands. Because believing in it, in many respects, makes it so.

We, at least in many countries including the United States, live in a world in which it there is general consensus even around rules during war, a time when moral codes seem even more likely to break down.  It is generally deemed illegal to take prisoners and starve them or kill them.  It is broadly seen as illegal to rape, to take slaves, and to kidnap people and transport them across international borders.  There is an increasing understanding that it is the right of all people in the world to food, to safety and to a nationality.  And you would be hard pressed to find Americans who would argue against these fundamental nature of these rights.  Believe it or not, the Universal Declaration of Human Rights is part of our collective psyche.  Not for all people, and not for all Americans.  But for most.

So why is it that our government continues to turns its back on these basic rights and basic rules, whether you call them "international law" or not.  And why does the populace who at this point can no longer claim any credible modicum of ignorance, not rise up to demand a return to our agreed-upon ethics?   The answer is clear--fear, and with it, the buzz word security.  Anything in the name of security.  We are willing to set aside our principles if we believe it is in the interest of security.

Now, I understand.  And I understand the debate, for example, over torture that has come to the fore again with the Hollywood hit Zero, Dark Thirty.  I understand the feeling of being torn over use of torture. It's horrible what happens to those men. But what if that torture saves the lives of my children?  But at what cost?  Do we want to live in a world where our actions as a nation sanction torture of American citizens upon capture?  Do we want to live in a world where there are now international laws, or generally agreed up codes of action?  Do we want to live in a world in which human rights are eroded to the point of nonexistence?

In large part, the American government has in fact acted believing in fairies.  We make terrible, reprehensible missteps every day, but on the whole--and yes I'm going to say it--the United States has also serves as a leader in setting a human rights agenda worldwide.  And we could be doing so much more.  I hear in the back of my head, the litany of abuses by the US government and a chorus of those who would argue, not incorrectly, that much of our work on human rights globally has been simply political posturing.  But I'm not willing to throw out the good with the sometimes bad intentions.  And I look forward to the day when a memo is leaking demonstrating how the US government legal team determined torture and targeted killing are illegal.  And when there's no longer a debate about whether or not international law exists.


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