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Politics : Foreign Affairs Discussion Group
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To: Garden Rose who wrote (218767)2/16/2007 9:50:34 AM
From: Ilaine  Read Replies (4) of 281500
 
I was more or less, exclusively discussing the UN Charter and the intent and spirit of nations after WWII to join the UN and agree to its laws and regulations.

Thank you for clarifying.

One of my bugaboos is people who think that when they hear or say "international law" they're referring to a body of laws which can be imposed without the consent of the governed.

The conception that just laws cannot imposed without the consent of the governed is one of the high points of human development, sadly more honored in the breach than in the practice.

I fear we took a wrong turn in the Nuremberg Trials by using a non-German court to try the Nazis for violations of hastily invented laws imposed after the fact -- our own constitution prohibits for ex post facto laws.

Legal scholars have criticized these actions during the decades that followed.

Which is why we turned Saddam over to the Iraqi government for trial of his crimes that violated Iraqi law, and punishment for violation of Iraqi law.

Saddam never consented to the jurisdiction of a multinational, supranational court whether personally or on behalf of the nation of Iraq.

There's no surprise that Europeans don't give a damn about the consent of the governed -- it's an English concept accepted by the Americans, the Australians, and other former English colonies.

The Europeans still don't seem to have fully come to grips with democracy, despite the fact that some of the earliest theorists were French.
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