Twenty years ago this week the Romanian revolution was making international headlines. Yet those who tortured, killed and humiliated continue to hold the power, abuse the law, and live opulent lives, without showing the slightest trace of guilt.
A recent report indicated that President Obama had finally made a security policy related decision—not on his Afghanistan strategy which is yet to be announced– but rather on whether or not his administration would seek to have the US sign the treaty banning the production and use of anti-personnel land mines, a treaty that 156 other nations have already signed.
The Bush doctrine took shape throughout the aftermath of the 9/11 attacks, developing in various speeches by the President and high ranking staff. This essay considers how the doctrine complimented, or challenged international law.
Where collective security avenues are blocked, could a State, or States acting jointly, lawfully intervene militarily in another State’s territory without the permission of the Government of that State to halt or prevent it from committing atrocities against its own people? What about intervention where the territorial Government is unable or unwilling to provide basic humanitarian assistance to its people in the face of natural or human-made disaster?
Twenty-first century counterterrorism is affecting key global norms and institutions. It forms part of a trend emerging in the international security agenda that seeks to alter existing structures, norms and institution to favour the objectives of powerful actors in the contemporary security environment.
Watching for signs of war with Iran, many of us probably took our eyes off other hot spots where President Bush’s imminent departure is a strategic consideration. Georgia’s Saakashvili launched his military action to regain control of South Ossetia, no doubt with the departure in mind and probably thinking America’s pro-war administration would back him. Yet his decision was unlawful and foolhardy.
If America learns nothing else from the misadventure in Iraq, it should learn the high price of unlawful war. Yet, in an eerie atmosphere of déjà vue, we are hearing the drumbeat for war once again—this time against Iran. Only now we hear virtually nothing about the legal right to go to war. This is particularly odd since the law against attacking Iran is even clearer than the law against invading Iraq.
Last week, the National War Powers Commission published its report on how to fix war powers. The Commission notes that the War Powers Resolution of 1973 has been monumentally ineffective at resolving fundamental questions — both constitutional and political — of war powers.
There is some irony in the criticism of ICC Chief Prosecutor Luis Moreno Ocampo for issuing his request for a warrant of arrest for Sudanese President Omar Hassan Ahmad Al Bashir. The Office of the Prosecutor (OTP) was previously criticised for moving too slowly and for not targeting high levels of the government. How sensitive to a politics of consequence, then, should the Prosecutor be?
In the spring of 1970, Canada unilaterally enacted legislation to regulate activities in the Arctic Ocean. While criticized as an attempt to assert ownership over what was then perceived to be international territory, the act signalled a bold willingness to prosecute polluters in the absence of sufficient rules of international law. Canada acted to protect the Arctic Ocean’s pristine nature for all of mankind. Today, retreating polar ice and the potential for extensive oil and gas reserves have renewed interest in the region, but for a far less altruistic motive.
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