Explanation Wanted

Can someone explain to me how you can uphold international norms by violating international norms? That’s a sincere question. I really don’t understand.

12 comments… add one
  • steve Link

    That is why I said an attack is the morally correct thing to do (assuming Assad is guilty), but an attack would be illegal. We should not do this w/o an international blessing.

    Steve

  • jan Link

    Illegal because of constitutional constraints, or because of the lack of UN approval?

  • PD Shaw Link

    1. Obama has gone complete Wilsonian. “I didn’t set a red line, the world set a red line.” Translation: I am merely a tool of a higher power.

    2. There are two branches of Wilsonian foreign policy:

    a. Neo-cons see America as having a special role in perpetrating core liberal values that are both responsible for American success and inevitable part of making the world a better place. Natural advancement is frequently blocked by despots that need to be weakened or removed through coercive power. As Wilson famously said in support of various military interventions in Latin America, “I am going to teach the South American republics to elect good men.”

    b. Liberal internationalists see America’s role as promoting international institutions, through which a global rule of law is formed and a sustainable peace achieved. American hegemony necessarily compels it to take the lead in accepting new international obligations, even when against provincial self-interest, perhaps particularly so since the U.S. must set an example. Truman and Clinton both initiated significant military intervention abroad based upon United Nations authority, not domestic approval, which epitomizes the subversion of the domestic to the international.

    3. Therefore, Obama has become a neo-con. Natural advancement of the greater good cannot be blocked by the self-interest and pettiness of the member states of the United Nations.

    4. If that seems implausible, consider the first branch to have divided between the neo-cons on the right and the R2P on the left. The R2P believe that in certain circumstances such as gross deprivations of human rights, states lose their moral authority as sovereigns, and the international community has a responsibility to protect the people of the state from its government. While there is some division within R2P, one group believes that the responsibility to protect is a normative prescription for world politics that provides legitimacy outside of Security Council approval, particularly if it is unable to act.

  • steve Link

    @jan- Clearly because of the lack of UN approval, or some equivalent body. If we had Romney as president, the GOP would think it constitutional. IOW, I dont know if it is constitutional, but it is what presidents have been doing.

    Steve

  • It’s a distinction without a difference. The United States is a signatory to an international agreement. That has the force of law within the United States. It’s binding. Congress could override it but in the absence of such an override the president’s violating it would be a breach of U. S. law and grounds for impeachment.

  • PD Shaw Link

    Here is some background on one version of R2P (which if it wasn’t clear, means responsibility to protect):

    R2P as a package of norms . . . represents liberal cosmopolitan convictions, namely that the commission of mass atrocities against individuals is of concern to all other human beings and that sovereign inviability of states is conditioned upon their respect of individual rights and freedoms. R2P as a package of ideals is broadly appealing. NGOs, activists and key normative entrepreneurs like the UN Secretary General have been working tirelessly for over a decade to talk these norms into reality. But R2P in this context is also sometimes fuzzy. This has been made clear over the question of who can legitimately authorize R2P. If R2P is a set of principles, then it can be authorized outside of the UN Security Council. After all, the International Commission on Intervention and State Sovereignty (ICISS) stated that, in the situation where the Security Council is deadlocked, intervention by a coalition of states or a regional organization would be appropriate. Legally, however, this is highly dubious.

    International law can arise from the creation and acceptance of new norms, and there is concerted debate about how to use these to bypass Security Council approval when necessity demands. Example>

    . . . present the strikes as part of a process of reconstruction of the law on the use of force, and more in particular as a revival of the right to humanitarian intervention. The argument would be that the Charter (and for that matter the R2P doctrine) gives the Security Council the responsibility to act when states use chemical weapons, and that if they fail to do so, individual states should be able to act to protect civilians. Present international law may prohibit it, but international law is not static and can change by being breached. The unlawful act may contain the seeds of a new rule allowing for humanitarian intervention.

  • You can’t protect civilians from 30,000 feet.

  • PD Shaw Link

    From my last link “On the assumption that strikes deter and influence future behavior, both options may help to protect civilians.” But the crucial point is that there is an emerging movement / legal justification emerging on the Left that would support violating the law in order to reform it.

  • Andy Link

    It’s a distinction without a difference. The United States is a signatory to an international agreement. That has the force of law within the United States. It’s binding. Congress could override it but in the absence of such an override the president’s violating it would be a breach of U. S. law and grounds for impeachment.

    That’s a good summary of the argument, but it leaves out inherent authority granted by the constitution which cannot be abrogated by law or international agreement. Of course, the extent and limits of constitutional authority, particularly WRT the Executive are controversial and anything but clear-cut. The judiciary hasn’t yet settled things one way or another. So while I agree in principle with what you wrote it isn’t the final truth as there are arguments the other way. Thus unilateral action by the President would be subject to politics instead of a clear-cut question of legality. At the end of the day, though, if Congress authorizes action in Syria then that trumps any international agreement or existing law.

  • The president has no inherent authority to violate U. S. law. Claiming otherwise would violate the express language of the Constitution, that the president may be impeached and removed from office for “high crimes and misdemeanors”. If the president had an inherent authority to violate the law, the president would, by definition, be incapable of high crimes or misdemeanors.

    There’s no contradiction or paradox here. The president, too, is bound by the law.

  • PD Shaw Link

    If Congress authorizes military action in Syria, all domestic law concerns are satisfied, but Congress would still be authorizing the President to violate international law. In the past, the United States has excused itself from seeking Security Council resolutions on the grounds that it was enforcing past UN resolutions or engaging in preventative self-defense. R2P seeks to offer a new framework — its on offer to interpret the UN Charter, which if received favorably by other members, becomes international “law.”

  • If Congress authorizes military action in Syria, all domestic law concerns are satisfied, but Congress would still be authorizing the President to violate international law.

    I agree, PD, and it underscores my point: the president on his own judgment and authority without the authorization of Congress does not have the power to violate treaties. Congress can grant such authority, in essence abrogating the treaty.

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