‘Evil, be thou my good!’ Comments

… as Satan says in Paradise Lost.

Satan’s HQ on earth is, as we all know, the United Nations. That hellish institution inverts all values. Now it wants criminals to be ‘protected’ as ‘victims’.

Joseph Klein writes at FrontPage:

The United Nations Special Rapporteur on Torture, Manfred Nowak, told reporters at UN headquarters during his October 20th press briefing that criminal detainees are “vulnerable” people who need to be protected by a new UN treaty devoted just to the rights of detainees. He said that detainees deserved as much protection by the international community as children and the disabled do — which those groups already receive under the separate UN Conventions devoted just to them.

Presumably, terrorist suspect detainees would also be covered under this new treaty that Nowak is proposing. In fact, he reiterated his opinion – based, he said, on his experience as an international jurist – that the “victims” of rendition and detention are entitled to “adequate reparations”.

But that is not all. In response to my question whether the United Nations’ view of international law would trump a contrary decision by the highest court of a functioning democracy with an independent judiciary such as the United States, Nowak said that international law has “absolute priority.” His rationale was that a UN member state that voluntarily decides to sign and ratify a treaty is bound by the obligations of that treaty. …

In other words, he believes, along with much of the UN establishment, that neither the U.S. Senate nor our judiciary has the final say as to how the United States’ treaty obligations should be interpreted and administered if the United Nations has a different opinion! … In his view, the Constitution as interpreted by the Supreme Court cannot be used to justify an action that is at variance with international law as interpreted by the relevant UN bodies.

Here is the problem. The United States cannot be forced into surrendering its own sovereignty to some global governance body unless we look the other way and let it happen. Even if our political leaders decided to enter into a treaty that started us down this slippery path, treaties can neither override nor amend the Constitution under the Constitution’s “Supremacy Clause.” As the Supreme Court concluded years ago, it would simply make no sense for a treaty, once in effect as a result of the exercise of the President’s and the Senate’s constitutional powers, to become the instrument for usurping the legal authority of the Constitution that established those powers in the first place.

Thus, the United States Constitution by definition trumps the United Nations Charter, and all other treaties we may enter into under the UN Charter or otherwise, as the governing instrument for the American people.

However, the danger to this constitutional protection for America’s self-governance lurks within our own judiciary. UN officials are filing so-called friend-of-court briefs with the Supreme Court on human rights issues and the Court is increasingly deferring to their views. …

For example … the former UN High Commissioner took it upon herself while in office to advise the Supreme Court that the United Nations International Covenant on Civil and Political Rights required the Court to reverse the decision of the Court of Appeals denying the detainees’ petition for habeas corpus and ensure a full habeas corpus proceeding … The Supreme Court listened to the UN High Commissioner for Human Rights. It incorporated her notion of international law into its decision interpreting what was required under the United States Constitution, over the legislation supported by the two elected branches of our government.

With President Barack Obama expected to increase the number of Supreme Court justices who believe that international and foreign law should be reflected in their interpretations of the U.S. Constitution, Mr. Nowak may get his way after all by default.

Posted under Commentary, Law, United Nations, United States by Jillian Becker on Saturday, October 24, 2009

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The law, sir, is an ass Comments

A fascinating article from Caroline Glick.

WHEREAS UPON examination it is clear that the Obama administration is wrong in insinuating that Israel is in breach of its international legal commitments through its refusal to bar Jewish construction in Judea, Samaria and Jerusalem, the Obama administration’s own policy toward the Palestinians places it in clear breach of both binding international law and domestic US law.

On September 28, 2001, the UN Security Council passed binding Resolution 1373. Resolution 1373, which was initiated by the US government, and was passed by authority of Chapter VII, committed all UN member states to “refrain from providing any form of support, active or passive, to entities or persons involved in terrorist acts.” Resolution 1373 further required UN member states to “deny safe haven to those who finance, plan, support, or commit terrorist acts or provide safe haven” to those that do.

In 1995, the US State Department acknowledged that Hamas fits the legal definition of a terrorist organization. Today, due to its policies toward Hamas, the Obama administration is in breach of both Resolution 1373 – that is, of international law – and of US domestic law barring the provision of support and financing to foreign terrorist organizations.

Posted under Israel, United States by Sam Westrop on Saturday, June 27, 2009

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The dangerous pretensions of the International Criminal Court Comments

 Daniel Hannan writes in the Telegraph:

A fearful blow has been struck against national sovereignty. The International Criminal Court has launched a prosecution against a head of state – a state, moreover, that has not signed the ICC treaty. International human rights apparatchiks are enjoying the warm glow of self-righteousness; but they have just made the world a darker and more dangerous place.

Don’t get me wrong: the man they have arraigned, Omar al-Bashir, is an unutterable swine. Having seized power in a military putsch, he has maintained himself in office by displacing and terrorising millions of his citizens. Some 300,000 Sudanese are estimated to have been killed in his civil wars and, while the government does not bear sole responsibility for each of those deaths, it must be reckoned the worst offender.

How, then, could I possibly object to bringing such a monster to trial? If the defunct Sudanese legal system can’t deal with him, shouldn’t someone else?

Well, maybe: but this will mean conquering Sudan. Bashir is the head of state, the supreme repository and exemplar of Sudanese sovereignty. Indicting him amounts to a declaration of war. Now there may well be an argument for military intervention in Sudan. Quite apart from having presided over the genocidal purges in Darfur, Bashir has given the rest of the world ample cross-border provocation. He turned his country into a base for terrorists of every stripe: the Ugandan child-kidnappers of the Lord’s Resistance Army, Carlos the Jackal, even Osama bin Laden. I’m not a big fan of invading other countries but, if we’re going to pick on one, Sudan is a pretty good candidate.

Except that the international community is emphatically not proposing an invasion. The prosecution is a narcissistic act, intended to make liberal internationalists feel superior and to bolster the ICC’s damaged reputation (its first case, against a Congolese militia leader, has just collapsed) rather than to ameliorate the lot of the Sudanese. Declaring war without meaning to wage it – which is what the indictment means – will simply deter the ghastly Khartoum regime from reaching any kind of accommodation with its opponents. Rather like an insistence on unconditional surrender, the prosecution will serve chiefly to make the autocrats more determined.

That’s the problem with these international law codes. By definition, the only countries on which they have any effect are democracies: tyrants simply ignore them. For the sake of being rude about Bashir – without any practical consequences – the ICC will substantively and genuinely diminish the sovereignty of free nations

Posted under Commentary by Jillian Becker on Wednesday, July 16, 2008

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