subtitle

...a blog by Richard Flowers
Showing posts with label International Law. Show all posts
Showing posts with label International Law. Show all posts

Wednesday, August 22, 2012

Day 4249: Ecuadorean Standoff

Sunday:


The Foreign Office's recent threat to INVADE ECUADOR was a new LOW, managing to break the LIBERAL Principle of internationalism, the CONSERVATORY Principle of maintaining traditional values and the REALPOLITIK principle of not giving anyone else the excuse to do it back to us, all at once!

Mr Vague was clearly having an OFF DAY or (more likely in the middle of August) a DAY OFF. Thankfully, it seems we’ve backed down. But we NEVER should have said that.

But aside from that (Mrs Lincoln) how was the THEATRE surrounding the Eva Peron of the Embassy: Mr Julian Estrange?



What more is there to say, really?

On the one fluffy foot, there are a lot of people who believe that he is facing very serious accusations of sexual assault against two Swedish women. To be fair, that’s not a statement of belief – it’s a statement of fact.

On the other fluffy foot, there are another lot of people who are convinced that Mr Estrange is potentially in danger of being whisked away to Americaland and quite possibly executed to death.

So what we have to do is weigh the ACTUAL HARM that has ALLEGEDLY HAPPENED against the POTENTIAL HARM that MIGHT HAPPEN and might be greater or might not even happen at all.

If ONLY we had some kind of SYSTEM where independent arbiters could be appointed to look into this and, er, JUDGE which course of action is right.

The case has been distinctly NOT helped by some of Mr Estrange's (self-appointed) advocates trying to suggest that there might be some circumstances where inserting your willy into a woman when she doesn't want you to might be (brace yourselves) "a bit less rapey" than others.

These people need to read what Mr Andrew has to say:

The ONLY way you should ever end a sentence that starts “It’s not rape if…” is with “all parties involved consent.”

The question of whether Mr Estrange has committed a criminal act is properly one for the COURTS of SWEDEN to decide, and that is what the Swedish police were trying to do.

The question of criminality, though, however STUPID the things people are saying might be, is at least more to the POINT than the wider excuse being used, namely that Mr Estrange is FAMOUS and has CROSSED AMERICALAND and so should not have to face charges at all.

It is almost certainly TRUE that Mr Estrange IS deeply disliked by the government (and probably most of the people) of Americaland because he was behind the Wikileaks website revealing all their secrets and deeply embarrassing them.

And Americaland does NOT have a good record of behaving in a JUST and LIBERAL manner to people who deeply embarrass them. The treatment of the soldier who LEAKED the Wikileak sounds dreadful. And we all know that Guantanamo Bay has become a byword for American contempt for international law and due process. Nor has President Barry O covered himself in glory on this issue, pursuing a policy of raining death on anyone his government decides is a terrorist. (NOT, so far, including Mr Estrange.)

And it is ALSO true that SHADY governments (up to and including OURS) have been more than happy to manufacture allegations of SEXUAL IMPROPRIETY and MORAL CORRUPTION against "enemies of the state" because it's much more convenient to ruin someone's reputation than martyr them for freedom. It is sufficiently common an idea as to have been used in BBC Sci-fi "Blake's Seven", where the TOTALITARIAN Federation – yes, like the one in “Star Trek” – has rebel leader Roj Blake all ready to plead guilty to sedition when he learns he's actually banged up on charges of child abuse.

But just because it COULD happen does not mean that is HAS happened. Fortunately for Blake's Seven we KNOW that Mr Blake is all heroic and honest because we've seen what really happened. That's NOT the case here – we do not KNOW if Mr Estrange is guilty as charged or guilty of being fitted up.

Again, if ONLY we had a SYSTEM for deciding whether the Swedish have a sound basis for wanting to put him before their own courts.

Oh, wait, we do...

Because Mr Estrange has made all of these arguments before and has lost at every stage of his appeal. You may very well think that the prosecutor was over-zealous in this case, or that the Swedish police have been heavy-handed in demanding extradition, or you may feel that the police SHOULD come to the accused criminal or that governments SHOULD agree to the terms imposed on them by suspects... but the fact is these things have been examined and found to be acceptable within the rule of law.

Check out these five MYTHS about Mr Estrange's case – line them up and shoot them down.

So his supporters are reduced to claiming it is ALL an establishment plot against him.

A conspiracy that takes in the Swedish police and prosecutors, several British courts, and the CIA NOT kidnapping someone off the streets of London when they can... well, it's certainly one for the Internet theorists.

(Though admittedly it's not quite up there with that one about the Olympic Stadium being built on a confluence of LEY LINES so that the GIANT LIZARDS who SECRETLY RUN THE WORLD could FAKE an ALIEN INVASION under cover of the CLOSING CEREMONY in order to institute a WORLD GOVERNMENT in fulfilment of the MASONIC PROPHECIES of WILLIAM BLAKE.)

But this is a case where NO ONE is going to WIN.

Of COURSE Mr Estrange ought to go back to Sweden, for all the reasons stated that is the proper place to decide his case. There are two women in Sweden – and a man in the Ecuadorean Embassy! – who have a right to justice. And I completely sympathise with Auntie Caron for her passion to see justice done.

But I’m afraid I have to agree with Mr Stephen O’the Glenn that we must respect International Law FIRST.

You CANNOT uphold the law by BREAKING it.

ALL THREE of those people are being denied justice. But we cannot break into the Ecuadorean Embassy to enforce that. Not because of any potential harm to Mr Estrange, but because of all the potential harms caused if we toss aside the Vienna Convention that says that once you're inside an embassy you are SAFE.

So Mr Estrange has escaped to Ecuador (no matter that it's a bit of Ecuador in the middle of London). A huge police presence around the embassy is a waste of resources and he could STILL get away in a big enough diplomatic bag; and sabre-rattling makes us look pathetic.

There are lots of STRONG ACTIONS that we can suggest… NONE of which we will be able to take!

So let's just leave him there, and much good may it do him.

Friday, June 27, 2008

Day 2731: The Chihuahua That Roared

Monday:


And by "Chihuahua" I mean our esteemed leader, who is happy to be associated with the little dog that doesn't let its size stop it standing up for what it believes in.


Mr Clogg has made a KEYNOTE SPEECH to Chattering House about Liberal Democrat foreign policy and the need to get internationalism back on track after the disaster of the Monkey-in-Chief's administration.

The main area of the speech is, of course, about ZIMBABWE, but Mr Clogg does start out by mentioning EUROPE and THAT Treaty.

And you know what – it looks like I may have CONVINCED him that the consent of the people is more important than the process.

He says:
"Of course I am disappointed that Lisbon was rejected by the Irish people…"
Me too, Mr Clogg, me too
"But if you ask me what is more important at this stage: a strong sense of support and legitimacy for Europe, or the minor reforms of the Lisbon Treaty, I have to come down in favour of the former."
This is JUST what I was saying the other day! Particularly when he goes on to say:
"It is now clear that for the EU to have meaning, legitimacy and resonance with its voters, it will have to win respect through its actions, through its relevance to daily lives."
Mr Clogg goes on to point out that the problem is NOT about Europe versus the people OF Europe, it is much wider (and WORSE) than that. It is a problem of DISCONNECTION between the people and ALL politicians. Far from being an endorsement of the anti-EU froth-o-phobes, it is a REJECTION of the ruling classes, whoever they are and whatever they say.

It stems from a growing sense of POWERLESSNESS, brought on by national governments that take decisions in their own interests but rarely in the interests of the people, and from the growth of globalisation, leaving us all as tiny grains of sand in the BIG cogs of the MACHINE.

What Mr Clogg wants is to turn the Union around and make it part of our ANSWER to globalisation, rather than seeming like another SYMPTOM of it!

It is a total misunderstanding of Liberalism to think that it is JUST about the freedom of the INDIVIDUAL to do whatever the heck you want. That is LIBERTARIANISM – and there is a reasonable question to ask whether there is a new Libertarian Party trying to squeeze its way out of the Old Conservatories. Mr Davis David might be a symptom of that.

But TRUE Liberalism is about empowering the individual AND the community AND the county AND the country AND the world… it is about creating networks that support each other, and finding solutions at the appropriate level. A European Union that works PROPERLY, works FOR the people than is imposed ON them, would be just another level in the network, the appropriate level for addressing regulation of the globalised corporations, or for tackling the urgent issue of pollution and approaching climate-geddon.

It is only by working TOGETHER that we can tackle international crises.

Mr Clogg refers to Mr Gladstone who was the first to say:
"the sanctity of life in the hill villages of Afghanistan among the winter snows, are as sacred as our own."
A hundred and thirty years later, that is why we are in Afghanistan AGAIN.

Mr Clogg then looks at how, following on from Mr Gladstone, there gradually evolved a fragile and tentative framework of international laws and bodies, based on the idea that we could intervene on HUMANITARIAN grounds and not just for national self-interest.

True, we have a serious self-interest in Afghanistan too: we don't want to see it return to a Taliban theocracy pumping out terrorists and opiate as fast as poppies grow. But more importantly that that, the only way the world is going to get better is if we work to make it get better.

Wars these days, whether it is the brutal election-stealing behaviour of Mr Mugabe's forces in Zimbabwe or the perpetual civil wars in Somalia or the ongoing genocide in the Sudan, they are no longer between nations but between peoples. And you know, this is often driven by the shortages of resources that are brought on by the very changes in climate that can ONLY be tackled on a GLOBAL level.

Now Mr Clogg admits that we cannot know what the strategic situation will be ten years from now. But equally, he says, worrying about the war we don't know about is not a good reason to lose the war we DO know about, the one that's going on right now!

So, he says, it's time Great Britain had a Defence Review, time to stop spending billions on Cold War defences, and way past time to start spending on the equipment our soldiers need for peacekeeping.

But he wants to go much further than that.

Thanks to Lord Blairimort and the Monkey-in-Chief, Britain and Americaland have sacrificed a whole lot of their MORAL AUTHORITY for a great deal of nothing. So it's been left up to the Canadians to carry on the work of developing responsible international law.

Mr Clogg points to their work on "Responsibility to Protect" or the clunkily labelled "R2P". (Which sounds like it should be a droid from Star Wars!)

This principle would fit with the idea that somehow the NATO war in Bosnia to save the Bosnians from the Serbs was somehow GOOD while the Monkey-in-Chief's Middle Eastern Adventure was self-evidently BAD.

Mr Clogg laid out how it should work:
First, any intervention should be based on just cause.

Second, it must have the right intention, rather than serving hidden ends.

Third, intervention should always be a last resort.

Fourth, it must be sanctioned by legitimate authority.

Fifth, a response must be of proportional means to the breach.

Sixth – and this must not be forgotten – any intervention must have a reasonable chance of success.
This last one is why – in spite of the MORAL case for doing so – we could not consider a military intervention in Zimbabwe. There is simply no local support.

We were, at least in part, ABLE to invade Iraq because we could start from bases in Saudi Arabia and Kuwait. In part because of Iraq, we can't do that in Southern Africa. (Plus there's that whole business of stealing their continent for a century or so.) So even if we wanted to put an army on the ground in Zimbabwe, we wouldn't have anywhere for them to STAND.

Having mentioned Zimbabwe, Mr Clogg also went on to reiterate what he said on the Politics Show, that while we can't intervene militarily, we should still do all we can to defeat Mr Mugabe's evil reign of terror. In particular, we should be cutting off the regime's access to foreign cash (even though we know it will also hurt the ordinary Zimbabwean). We should put pressure on South Africa to come off the fence. If the South Africans cut off the electricity supply then Mr Mugabe will be dramatically weakened.

But, Mr Clogg would go even further than obvious cases of violence and oppression like Zimbabwe. He said that he thought that the INaction of the Burmese Junta after the cyclone earlier this year was ALSO cause for a "R2P" intervention.

Personally, I think we would need to be VERY VERY careful before we start to consider THAT sort of intervention. But really that is what Mr Clogg is proposing: VERY VERY careful consideration, so that we can set up the bodies that COULD intervene and the terms that would govern HOW they could intervene.

In conclusion, then, he said how strongly he believes in Britain's role as a force both for PEACE and for JUSTICE in the world. Of course we should continue to defend our own national interest robustly; but we should also seek to lead the debate on how to develop Responsibility to Protect and the United Nations, and how to do the best for the whole world.

And do you know what, I think maybe HE has persuaded ME too!

Sunday, April 16, 2006

Day 1926: Zimbabwe

Wednesday:


Daddy Alex often asks me “Are you an African Elephant or an Indian Elephant, Millennium?” and I have to remind him that you can tell an Elephant by his EARS: if he has BIG ears he is an AFRICAN elephant; if he has SMALL ears he is an INDIAN elephant. I have PLUSH ears because I am a FLUFFY elephant. This ought to be EASY to remember!

Anyway, all this is by way of saying I hope that if Mr Blair’s stormtroopers catch me they are NOT going to deport me to Africa.

However, the odds do not look good as this week, Mr CHARLES CLARKE, Mr Blair’s FOGHORN in the Home Office has won in the court to send some poor people back to ZIMBABWE even though they have the DEATH PENALTY for VISITING ENGLAND there.

This does NOT seem very good.

After World War Part Two was over, the UNITED NATIONS was set up and they agreed an INTERNATIONAL agreement called the CONVENTION ON REFUGEES. This says, basically, if someone has had to run away from their own country because they are in fear of being PICKLED LIKE A HEWWING or otherwise DONE OVER by the local “ministry of justice” then they should be looked after by OTHER countries.

(This is because people SHOULD have done that during and before World War Part Two, and they didn’t and so rather a lot of people got MURDERED!)

Nowadays, Mr Blair’s government wishes that they had never been saddled with the obligation to look after PEOPLE IN NEED! And they are doing everything they can to PUT A STOP to people in need getting here. They won’t let you in without a passport and they say you are not in danger if you do have a passport. They fine aeroplanes and lorries that carry people into the country and they force refugees into the hands of PEOPLE SMUGGLERS and then say people are BAD for using the people smugglers!

This is a SHAME for two very important reasons.

First, Britain used to have a very good reputation for being a place where HUMAN RIGHTS and JUSTICE were very important and we could be PROUD that people WANTED to come here. This is the sort of reputation that Mr Blair has lost by INVADING random Middle Eastern countries on the say so of a pet monkey.

Second, people do not lightly move all the way around the world and those who do are pretty HIGHLY MOTIVATED and usually the well educated middle class (i.e. what DICTATORS call political troublemakers!). These are the sort of people who work hard if they were given the opportunity and contribute to a community that welcomes them. This makes it DOUBLE STUPID that Mr Blair WON’T let them work but instead gives them silly vouchers for not enough money to feed a GERBIL let alone a persecuted person and STILL cost more to run than giving them a living amount in proper money would!

Zimbabwe is NOT A VERY NICE PLACE to live.

Also, it is run by their own version of Mr Blair, so you can see that people would rather not live there. We should not be punishing people because they happen to live in a nasty place, especially if they only want to come here to make a living.

Mr Blair talks a lot about RIGHTS and RESPONSIBILITIES. Someone needs to point out to him that HE has RESPONSIBILITIES too – and he should stop trying to WRIGGLE OUT OF THEM!