mundheim wrote:one_irish_rover wrote:mundheim wrote:"The Bush White House openly rejects International Law. They make up their own laws."
What do you know about international law?
What are the specific sources of international law?
Where is international law memorialized?
Who interprets international law?
Who decides whether a country has violated international law?
How specifically does "the Bush White House openly reject International Law"?
How specifically did the Bush White House "make up their own laws"?
I posted a link, read it. Here's a google search, dimwit. Plenty of scholarship on the topic. I can't even believe you seriously bothered to write the questions you did.
I am not surprised at your inability to answer my questions.
I know the answers to my questions without resort to google.
Opinions -- "scholarly" or otherwise -- are of no moment to whether a state has violated international law or "openly rejects International Law."
You have no clue what "international law" is.
Here's a hint: "International law" is not set forth in one place like U.S. Code.
You are in water above your head; now wade back to the baby pool.
Okay pee wee. World opinion (among international law scholars and "commonfolk" alike) is that Bush has violated numerous international laws, agreements, and treaties, so the onus is on you to refute those claims. Plus it gives you a marvellous opportunity to indulge your massive ego and show off your dazzling intellect. As you implied, I'm nothing but a simpleton who's way out of his league and area of expertise.
Here is a list of America's violations under the Bush presidency. You may address as many as you'd like, but I'm very interested in how you defend his record on torture and the justification for the invasion of Iraq.
"INTERNATIONAL LAW ON THE USE OF FORCE
The international legal rules governing the use of force take as their starting point Article 2(4) of the U.N. Charter, which prohibits any nation from using force against another. The charter allows for only two exceptions to this rule: when force is required in self-defense (Article 51) or when the Security Council authorizes the use of force to protect international peace and security (Chapter VII)."
I suppose you will try to argue that the US was justified under some broad interpretation of Article 51 and that "terrorists" are not military personnel of any state and are thus exempt from the Geneva Convention's code for the treatment of prisoners of armed conflict.
Here's what Bush himself said, in his National Security Strategy ("The Bush Doctrine," Sept 17 2002):
The United States, the American people, and our interests at home and abroad by identifying and destroying the threat before it reaches our borders. While the United States will constantly strive to enlist the support of the international community, we will not hesitate to act alone, if necessary, to exercise our right of self-defense by acting pre-emptively against such terrorists, to prevent them from doing harm against our people and our country….Given the goals of rogue states and terrorists, the United States can no longer solely rely on a reactive posture as we have in the past. The inability to deter a potential attacker, the immediacy of today's threats, and the magnitude of potential harm that could be caused by our adversaries' choice of weapons, do not permit that option. We cannot let our enemies strike first….For centuries, international law recognized that nations need not suffer an attack before they can lawfully take action to defend themselves against forces that present an imminent danger of attack. Legal scholars and international jurists often conditioned the legitimacy of pre-emption on the existence of an imminent threat—most often a visible mobilization of armies, navies, and air forces preparing to attack. We must adapt the concept of imminent threat to the capabilities and objectives of today's adversaries….The United States has long maintained the option of pre-emptive actions to counter a sufficient threat to our national security. The greater the threat, the greater is the risk of inaction—and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy's attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act pre-emptively."
Bush clearly does not want to be bound by internationally agreed upon laws (which America has signed).
Here is that list. It's a statement of facts, no "left-wing propaganda" here. Go on then, please explain to me how these are not violations of international laws and agreements. On many occasions Bush and the Republican congress have framed their own laws in violation to those they've already signed onto.
"1. In December 2001, the United States officially withdrew from the 1972 Antiballistic Missile Treaty, gutting the landmark agreement-the first time in the nuclear era that the US renounced a major arms control accord.
2. 1972 Biological and Toxin Weapons Convention ratified by 144 nations including the United States. In July 2001 the US walked out of a London conference to discuss a 1994 protocol designed to strengthen the Convention by providing for on-site inspections. At Geneva in November 2001, US Undersecretary of State John Bolton stated that "the protocol is dead," at the same time accusing Iraq, Iran, North Korea, Libya, Sudan, and Syria of violating the Convention but offering no specific allegations or supporting evidence.
3. UN Agreement to Curb the International Flow of Illicit Small Arms, July 2001: the US was the only nation to oppose it.
4. April 2001, the US was not re-elected to the UN Human Rights Commission, after years of withholding dues to the UN (including current dues of $244 million)-and after having forced the UN to lower its share of the UN budget from 25 to 22 percent. (In the Human Rights Commission, the US stood virtually alone in opposing resolutions supporting lower-cost access to HIV/AIDS drugs, acknowledging a basic human right to adequate food, and calling for a moratorium on the death penalty.)
5. International Criminal Court (ICC) Treaty, to be set up in The Hague to try political leaders and military personnel charged with war crimes and crimes against humanity. Signed in Rome in July 1998, the Treaty was approved by 120 countries, with 7 opposed (including the US). In October 2001 Great Britain became the 42nd nation to sign. In December 2001 the US Senate again added an amendment to a military appropriations bill that would keep US military personnel from obeying the jurisdiction of the proposed ICC.
6. Land Mine Treaty, banning land mines; signed in Ottawa in December 1997 by 122 nations. The United States refused to sign, along with Russia, China, India, Pakistan, Iran, Iraq, Vietnam, Egypt, and Turkey. President Clinton rejected the Treaty, claiming that mines were needed to protect South Korea against North Korea's "overwhelming military advantage." He stated that the US would "eventually" comply, in 2006; this was disavowed by President Bush in August 2001.
7. Kyoto Protocol of 1997, for controlling global warming: declared "dead" by President Bush in March 2001. In November 2001, the Bush administration shunned negotiations in Marrakech (Morocco) to revise the accord, mainly by watering it down in a vain attempt to gain US approval.
8. In May 2001, refused to meet with European Union nations to discuss, even at lower levels of government, economic espionage and electronic surveillance of phone calls, e-mail, and faxes (the US "Echelon" program),
9. Refused to participate in Organization for Economic Co-operation and Development (OECD)-sponsored talks in Paris, May 2001, on ways to crack down on off-shore and other tax and money-laundering havens.
10. Refused to join 123 nations pledged to ban the use and production of anti-personnel bombs and mines, February 2001
11. September 2001: withdrew from International Conference on Racism, bringing together 163 countries in Durban, South Africa
12. International Plan for Cleaner Energy: G-8 group of industrial nations (US, Canada, Japan, Russia, Germany, France, Italy, UK), July 2001: the US was the only one to oppose it.
13. Enforcing an illegal boycott of Cuba, now being made tighter. In the UN in October 2001, the General Assembly passed a resolution, for the tenth consecutive year, calling for an end to the US embargo, by a vote of 167 to 3 (the US, Israel, and the Marshall Islands in opposition).
14. Comprehensive [Nuclear] Test Ban Treaty. Signed by 164 nations and ratified by 89 including France, Great Britain, and Russia; signed by President Clinton in 1996 but rejected by the Senate in 1999. The US is one of 13 nonratifiers among countries that have nuclear weapons or nuclear power programs. In November 2001, the US forced a vote in the UN Committee on Disarmament and Security to demonstrate its opposition to the Test Ban Treaty.
15. In 1986 the International Court of Justice (The Hague) ruled that the US was in violation of international law for "unlawful use of force" in Nicaragua, through its actions and those of its Contra proxy army. The US refused to recognize the Court's jurisdiction. A UN resolution calling for compliance with the Court's decision was approved 94-2 (US and Israel voting no).
16. In 1984 the US quit UNESCO (UN Educational, Scientific and Cultural Organization) and ceased its payments for UNESCO's budget, over the New World Information and Communication Order (NWICO) project designed to lessen world media dependence on the "big four" wire agencies (AP, UPI, Agence France-Presse, Reuters). The US charged UNESCO with "curtailment of press freedom," as well as mismanagement and other faults, despite a 148-1 in vote in favor of NWICO in the UN. UNESCO terminated NWICO in 1989; the US nonetheless refused to rejoin. In 1995 the Clinton administration proposed rejoining; the move was blocked in Congress and Clinton did not press the issue. In February 2000 the US finally paid some of its arrears to the UN but excluded UNESCO, which the US has not rejoined.
17. Optional Protocol, 1989, to the UN's International Covenant on Civil and Political Rights, aimed at abolition of the death penalty and containing a provision banning the execution of those under 18. The US has neither signed nor ratified and specifically exempts itself from the latter provision, making it one of five countries that still execute juveniles (with Saudi Arabia, Democratic Republic of Congo, Iran, Nigeria). China abolished the practice in 1997, Pakistan in 2000.
18. 1979 UN Convention on the Elimination of All Forms of Discrimination against Women. The only countries that have signed but not ratified are the US, Afghanistan, Sao Tome and Principe.
19. The US has signed but not ratified the 1989 UN Convention on the Rights of the Child, which protects the economic and social rights of children. The only other country not to ratify is Somalia, which has no functioning government.
20. UN International Covenant on Economic, Social and Cultural Rights, 1966, covering a wide range of rights and monitored by the Committee on Economic, Social and Cultural Rights. The US signed in 1977 but has not ratified.
21. UN Convention on the Prevention and Punishment of the Crime of Genocide, 1948. The US finally ratified in 1988, adding several "reservations" to the effect that the US Constitution and the "advice and consent" of the Senate are required to judge whether any "acts in the course of armed conflict" constitute genocide. The reservations are rejected by Britain, Italy, Denmark, the Netherlands, Spain, Greece, Mexico, Estonia, and others."