Displaying the audacity of courage against the cowardice of despair and revenge, Navi Pillay, the UN Human Rights Chief, has just called for an investigation and full disclosure of the legalities and circumstances surrounding the Obama Administration's raid against Osama bin Laden, leader of Al Qaeda. It is a courageous act in the sense that, for years the United States has disregarded the idea of an international order, one built on mutual agreements and an honorable trust to comply with the laws of the United Nations.
The United Nations developed and was finally realized only after centuries of illegal invasions, military raids, and utter chaos between nation-states that caused millions of unnecessary deaths. It was Thomas Aquinas, a 13th century Christian theologian, who first proposed the idea of "the law of nations." He made a clear distinction between the laws of individual states-to keep peace and order-and the possibility of the "law of nations" which all states should obey and which would govern the relationships between them.
In the 16th century, the Spanish Jesuit theologian Francisco Suarez elaborated on Aquinas' "law of nations." He wrote that a nation should always respect another nation's natural laws, or the right to their own life, their own sense of liberty, their own property, and their own happiness-popular sovereignty. Later, the Dominican Francisco de Vitoria advocated laws "created by the authority of the whole world" and not just pacts or agreements between certain states. Such laws would be created and agreed upon by the authority of the whole world.
As a result of World War I and II, a new urgency prevailed regarding the prevention of wars and their horrific consequences. Initially, the United Nations was formed as a collaborative system that would solve international conflicts while enforcing peace, security, and the international rule of law. In practice, though, five permanent security council members have often used the United Nations for their own nationalistic self interests. After the collapse of the Soviet Union, the hegemony of a single superpower, the United States, has disregarded the "law of nations" by acting as a global policeman.
The role of the United States an imperial power that is undermining the United Nation's rule of international laws, was evident right after the attacks on Sept. 11, 2001. The Bush Administration rejected overtures from the Afghani authorities and the Taliban, who wanted to work through the United Nations and with the United States in capturing, arresting and trying Osama bin Laden. Not only was this a clear violation of the United Nations Charter and "the law of nations," but so were the preemptive wars against Afghanistan and Iraq, including their ongoing military occupations.
This self-absorbed "United Nations" within a United Nations has also dishonored its commitment to the Geneva Conventions by pursuing torturous acts against suspected enemy combatants at secret locations. It has even captured and detained indefinitely hundreds of innocent civilians from other nations. The military raid that assassinated Osama bin Laden violated Pakistan's air space and its national sovereignty. It was another violent act that blatantly disregarded the international rule of law. It sends a clear message to other nations that the United States considers itself outside of the "law of nations."
One must also wonder what Americans would think if a foreign nation like Iraq or Afghanistan-both of which had hundreds of thousands of people killed due to America's preemptive wars and its ongoing military occupations-violated United States airspace by sending in military hit-men and assassinated George W. Bush or Dick Cheney in their multi-million dollar buttressed mansions? How would Americans respond if Chile sent their special forces to South Kent, Connecticut and captured Henry Kissinger to be imprisoned and then tried for instigating Chile's own Sept. 11, 1973?
The United States and its policies and laws might generally appear benign, but it is not immune to the distortions of self-interests and committing acts of injustice and revenge. As the United States monopoly of power comes to an end, Americans must be vigilant against becoming a rogue (but dying) superpower. They must guard against their leaders destroying the "law of nations" and resorting to a kind of hyper-revenge. The preemptive invasions of Iraq and Afghanistan and the assassination of Osama bin Laden regrettably points to a new and fatal code: An eye for a body, and a tooth for a nation.
Dallas Darling (darling@wn.com)
(Dallas Darling is the author of Politics 501: An A-Z Reading on Conscientious Political Thought and Action, Some Nations Above God: 52 Weekly Reflections On Modern-Day Imperialism, Militarism, And Consumerism in the Context of John's Apocalyptic Vision, and The Other Side Of Christianity: Reflections on Faith, Politics, Spirituality, History, and Peace. He is a correspondent for www.worldnews.com. You can read more of Dallas' writings at www.beverlydarling.com and wn.com//dallasdarling.)
Coppied by http://article.wn.com/view/2011/05/07/Law_of_Nations_or_a_Nations_Law/
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