“To take a typical example, a few weeks ago U.S. special operations forces snatched a suspect, Abu Anas al-Libi, from the streets of the Libyan capital Tripoli, bringing him to a naval vessel for interrogation without counsel or rights. U.S. Secretary of State John Kerry informed the press that the actions are legal because they comply with American law, eliciting no particular comment.
Principles are valid only if they are universal. Reactions would be a bit different, needless to say, if Cuban special forces kidnapped the prominent terrorist Luis Posada Carriles in Miami, bringing him to Cuba for interrogation and trial in accordance with Cuban law.
Such actions are restricted to rogue states. More accurately, to the one rogue state that is powerful enough to act with impunity: in recent years, to carry out aggression at will, to terrorize large regions of the world with drone attacks, and much else.
And to defy the world in other ways, for example by persisting in its embargo against Cuba despite the long-term opposition of the entire world, apart from Israel, which voted with its protector when the United Nations again condemned the embargo (188-2) in October.
Whatever the world may think, U.S. actions are legitimate because we say so. The principle was enunciated by the eminent statesman Dean Acheson in 1962, when he instructed the American Society of International Law that no legal issue arises when the United States responds to a challenge to its ‘power, position, and prestige.’
Cuba committed that crime when it beat back a U.S. invasion and then had the audacity to survive an assault designed to bring ‘the terrors of the earth’ to Cuba, in the words of Kennedy adviser and historian Arthur Schlesinger.
When the U.S. gained independence, it sought to join the international community of the day. That is why the Declaration of Independence opens by expressing concern for the “decent respect to the opinions of mankind.”
A crucial element was evolution from a disorderly confederacy to a unified ‘treaty-worthy nation,’ in diplomatic historian Eliga H. Gould’s phrase, that observed the conventions of the European order. By achieving this status, the new nation also gained the right to act as it wished internally.
It could thus proceed to rid itself of the indigenous population and to expand slavery, an institution so ‘odious’ that it could not be tolerated in England, as the distinguished jurist William Murray, Earl of Mansfield, ruled in 1772. Evolving English law was a factor impelling the slave-owning society to escape its reach.
Becoming a treaty-worthy nation thus conferred multiple advantages: foreign recognition, and the freedom to act at home without interference. Hegemonic power offers the opportunity to become a rogue state, freely defying international law and norms, while facing increased resistance abroad and contributing to its own decline through self-inflicted wounds.”
The Hygiology Post ® welcomes feedback from readers as to whether the articles (individually and/or collectively) help fulfill its vision and mission.
Louis DeCola, Jr. © 2013 The Hygiology Post ®