Skip to main content

International law is a meaningless concept when it only applies to US enemies

by Caitlin Johnstone 

Australian whistleblower David McBride just made the following statement on Twitter:

    "I’ve been asked if I think the invasion of Ukraine is illegal.

    My answer is: If we don’t hold our own leaders to account, we can’t hold other leaders to account.

    If the law is not applied consistently, it is not the law.

    It is simply an excuse we use to target our enemies.

    We will pay a heavy price for our hubris of 2003 in the future.

    We didn’t just fail to punish Bush and Blair: we rewarded them. We re-elected them. We knighted them.

    If you want to see Putin in his true light imagine him landing a jet and then saying ‘Mission Accomplished’."

As far as I can tell this point is logically unassailable. International law is a meaningless concept when it only applies to people the US power alliance doesn't like. This point is driven home by the life of McBride himself, whose own government responded to his publicizing suppressed information about war crimes committed by Australian forces in Afghanistan by charging him as a criminal.

Neither George W Bush nor Tony Blair are in prison cells at The Hague where international law says they ought to be. Bush is still painting away from the comfort of his home, issuing proclamations comparing Putin to Hitler and platforming arguments for more interventionism in Ukraine. Blair is still merily warmongering his charred little heart out, saying NATO should not rule out directly attacking Russian forces in what amounts to a call for a thermonuclear world war.

They are free as birds, singing their same old demonic songs from the rooftops.

When you point out this obvious plot hole in discussions about the legality of Vladimir Putin's invasion you'll often get accused of "whataboutism", which is a noise that empire loyalists like to make when you have just highlighted damning evidence that their government's behaviors entirely invalidate their position on an issue. This is not a "whataboutism"; it's a direct accusation that is completely devastating to the argument being made, because there really is no counter-argument.

The Iraq invasion bypassed the laws and protocols for military action laid out in the founding charter of the United Nations. The current US military occupation of Syria violates international law. International law only exists to the extent to which the nations of the world are willing and able to enforce it, and because of the US empire's military power — and more importantly because of its narrative control power — this means international law is only ever enforced with the approval of that empire.

This is why the people indicted and detained by the International Criminal Court (ICC) are always from weaker nations — overwhelmingly African — while the USA can get away with actually sanctioning ICC personnel if they so much as talk about investigating American war crimes and suffer no consequences for it whatsoever. It is also why Noam Chomsky famously said that if the Nuremberg laws had continued to be applied with fairness and consistency, then every post-WWII U.S. president would have been hanged.

This is also why former US National Security Advisor John Bolton once said that the US war machine is "dealing in the anarchic environment internationally where different rules apply,” which "does require actions that in a normal business environment in the United States we would find unprofessional."

Bolton would certainly know. In his bloodthirsty push to manufacture consent for the Iraq invasion he spearheaded the removal of the director-general of the Organisation for the Prohibition of Chemical Weapons (OPCW), a crucial institution for the enforcement of international law, using measures which included threatening the director-general's children. The OPCW is now subject to the dictates of the US government, as evidenced by the organisation's coverup of a 2018 false flag incident in Syria which resulted in airstrikes by the US, UK and France during Bolton's tenure as a senior Trump advisor.

The US continually works to subvert international law enforcement institutions to advance its own interests. When the US was seeking UN authorization for the Gulf War in 1991, Yemen dared to vote against it, after which a member of the US delegation told Yemen’s ambassador, “That’s the most expensive vote you ever cast.” Yemen lost not just 70 million dollars in US foreign aid but also a valuable labor contract with Saudi Arabia, and a million Yemeni immigrants were sent home by America’s Gulf state allies.

Simple observation of who is subject to international law enforcement and who is not makes it clear that the very concept of international law is now functionally nothing more than a narrative construct that's used to bludgeon and undermine governments who disobey the US-centralized empire. That's why in the lead-up to this confrontation with Russia we saw a push among empire managers to swap out the term "international law" with "rules-based international order", which can mean anything and is entirely up to the interpretation of the world's dominant power structure. 

It is entirely possible that we may see Putin ousted and brought before a war crimes tribunal one day, but that won't make it valid. You can argue with logical consistency that Putin's invasion of Ukraine is wrong and will have disastrous consequences far beyond the bloodshed it has already inflicted, but what you can't do with any logical consistency whatsoever is claim that it is illegal. Because there is no authentically enforced framework for such a concept to apply.

As US law professor Dale Carpenter has said, "If citizens cannot trust that laws will be enforced in an evenhanded and honest fashion, they cannot be said to live under the rule of law. Instead, they live under the rule of men corrupted by the law.” This is all the more true of laws which would exist between nations.

You don't get to make international law meaningless and then claim that an invasion is "illegal". That's not a legitimate thing to do. As long as we are living in a Wild West environment created by a murderous globe-spanning empire which benefits from it, claims about the legality of foreign invasions are just empty sounds.

Source, links:


Related:


Comments

Popular posts from this blog

Trump's tariffs: A unique opportunity for BRICS and the Global South to fully escape from dollar tyranny

globinfo freexchange   Does Trump know what he is doing? Well, yes and no. While many interpretate his latest move, mostly as an attempt to halt China, his main goal is to give the final blow to the neoliberal order on behalf of his oligarchs .  From this perspective, Trump's unprecedented decision to decide mass tariffs against almost everyone, was an act of strategic hit against the global free market neoliberalism, with the financial capital  at its top. And that's because this dominant-for-almost-half-century system, identifies restrictions and protectionism as major threats against its own existence. In other words, Trump acted as a commander of the capitalist faction that wants to beat its neoliberal rivals and put itself in charge, through a new transformation of capitalism into a 21st century corporate feudalism.   Concerning China, Trump's move may have some negative impact on its economy for a while, since China has chosen to partially play by the rule...

Deranged euroclowns want to revive a nazi-origin project!

globinfo freexchange   Behind the ridiculously cartoonish latest spot of the EU that gives "instructions" to the European citizens on how to deal with a major crisis during the first hours, lies a secret desire.    The deranged euroclowns of the crypto-fascist extreme center , are trying to build up a condition of consent inside the minds of Europeans, which is related to their biggest wet dream: an autonomous imperialist European army. The idea was not born suddenly because of Trump's hostile attitude against his own allies. From the early 50s, pan-European networks of neo-Nazis were created. In May 1951, the European Social Movement (MSE) was founded in Malmö, Sweden. Essentially, it was about projecting the ideology of the German SRP on a pan-European level. The MSE, which would remain active until the 1980s, proclaimed the need for Europe to emancipate itself from the divisive tutelage of the USA and the USSR, called for the defense of the “European race” against th...

Neoliberalism Needs To Go

Second Thought  

Netanyahu BRAGS About Genocide - And Our Media COVERS IT UP

Owen Jones  

Google Imports Ex Israeli Spies, The Genocide Resumes, Cruel Britannia

by Nate Bear   Part 3 - Cruel Britannia   The UK is moving ahead with large welfare cuts for disabled people, including those with cancer. On TV the other day, the UK’s health secretary Wes Streeting said that people with cancer should be in work, not at home resting. Alongside this, the government has said that to cut youth employment it will push young people to join the army. This, of course, is in the context of a massive expenditure on military weapons in the face of the Russian bogeyman.   What’s happening in the UK under a nominally centre-left Labour government is a good reminder that there is never a lesser evil if your leaders are neoliberals. Balancing the books on the backs of the poorest and most vulnerable in society is the north star of all neoliberals, whether they call themselves centrists, left wing or right wing. Cruelty is the policy and the point.    Yet the last few years have also been a good reminder that everything is a choice. Cov...

Trump Speeds Up FALL OF THE WEST With Tariff War

Owen Jones     Related:   Trump's tariffs: A unique opportunity for BRICS and the Global South to fully escape from dollar tyranny

UN rapporteur Francesca Albanese: World is watching a live genocide in Gaza and doing nothing

The New Arab   As Israel’s war on Gaza enters its 19th month, UN Special Rapporteur Francesca Albanese is sounding the alarm louder than ever: the world is watching a live genocide — and doing nothing to stop it. In an exclusive interview with The New Arab , Albanese describes the devastation in Gaza as unparalleled since WWII. Entire neighbourhoods lie in ruins, tens of thousands are dead, and 91% of Gaza’s population is at risk of malnutrition. Over 60,000 children show signs of cognitive impairment due to starvation.  “This is not just war. This is genocide in real time,” she says. “What we are seeing now is the destruction of a people who refuse to leave.” Despite UN mandates and international law, Albanese says the global system is paralysed, and governments, corporations, and even universities are complicit. “If Palestine were a crime scene, it would bear all our fingerprints.”

US Official EXPOSES Truth About Gaza From The Inside

Owen Jones  

Google Imports Ex Israeli Spies, The Genocide Resumes, Cruel Britannia

by Nate Bear   Part 2 - The genocide resumes   The day before the Wiz deal, Israel resumed its genocide of Gaza with an unhinged bloodthirsty rampage, the deadliest twenty-four hours in the last nearly eighteen months of genocide. A high bar had been set, and it was cleared. They attacked at night, itself an act of utter cowardice and sadism, and slaughtered hundreds as they slept in tents. In tents. Close to one hundred babies and young children were killed. The overall death toll exceeds 400 and is rising. As expected, there is not a flicker of condemnation from world leaders, many of whom are arming Israel with the weapons and intelligence it needs for genocide. The British air force spent the ceasefire period gathering intelligence on Palestinians and feeding it to Israel so they could restart the mass murder efficiently.  The genocide is the end of the west. It destroys any claim to moral superiority over Russia, China, Iran or any of the officially designated bad g...