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International Law

Will Israel Be Expelled from U.N.?

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The conditions of membership in the U.N. are specified in the U.N. Charter. Specifically, “Articles 5 and 6 of the Charter of the United Nations deal respectively with suspension of rights and privileges of membership, and with expulsion from the United Nations.” But the operative part is Article 6, which reads:

“A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.”

Israel certainly qualifies, but the United States Government, which is controlled by the anti-Shia and anti-Iran alliance between Israel’s Government providing the anti-Iran lobbyists and propagandists, and the Saudi Government providing the anti-Iran bribe-money, won’t allow that. Consequently, no matter how violative of the U.N. Charter Israel is, it cannot be expelled.

The United States Government likewise is routinely violating the U.N. Charter and cannot be expelled, because this very Government is on the U.N.’s own Security Council as one of the five permanent members: it would veto its own expulsion.

Consequently, a fatal flaw in the current U.N. Charter is that no vote by the U.N. General Assembly can expel a permanent member of the U.N. Security Council. Nor can they expel any member of the General Assembly that’s backed by one or more members of the permanent Security Council. Until this situation is changed and a stated percentage of the votes from the General Assembly can expel a member from the U.N. General Assembly, there can be no international accountability applied against a member of the U.N. Security Council permanent five nations; and the U.S. Government, being a member of that, will continue to be allowed to do whatever its Saudi and Israeli masters want it to do — thereby protecting both Israel and Saudi Arabia themselves, and giving each of those two masters virtually as much freedom-of-action as the U.S. has; the U.S. Government’s masters buy impunity, indirectly, from their protector.

This is not a world of international law; it is a world of international force — basically a world of conquest and submission (and subversion can be part of that), which mocks democracy internationally (and maybe even domestically), and therefore effectively corrupts and prevents democracy within all nations that the controlling masters in Saudi Arabia and in Israel demand.

The most fatal failure of the U.N. Charter is thus its prohibiting any amendment that one of the five permanent Security Council members opposes.

The issue of what the conditions would be for amending the U.N. Charter was debated while the U.N. Charter was being drawn up in 1945, but nothing effective was agreed to, and so the U.N’s PR on the matter states only that “the question of future amendments to the Charter received much attention and finally resulted in an agreed solution.” They don’t say what that “solution” was, but there have been no controversial amendments made to the Charter, during its 73 years, so whatever it might have been was almost totally ineffective. A web-search for “U.N. Charter” plus “proposed amendment” produces no major “proposed amendment” but does, near the top, show what that (obviously failed) “agreed solution” (which the U.N. tries to hide) was; and it is:

“This concession took the form of Articles 108 and 109 concerning Charter review procedures. While Article 108 describes the required steps for making specific amendments, Article 109 introduces the option of a review conference outside of the usual General Assembly (GA) meetings with the purpose of a comprehensive “review” of the Charter. Both these avenues for making changes to the UN Charter include the criteria of two-thirds of the UN member states voting for and ratifying a proposed amendment. However, in addition, “all the permanent members of the Security Council” must also ratify before the amendment goes into force. This unanimous concurrence of the P5

[the five permanent members] is the biggest challenge to adopting any amendment to the UN Charter.”

In other words: The U.N. Charter’s colossal (and thus-far fatal) failure was in its including the 5-member permanent Security Council’s veto-provision to apply even to any proposed amendment to the Charter. Only an amendment which all five permanent members support can pass. Here is such an amendment. No matter how much of the rest of the world want a particular change to be made, it can’t be done unless all five of the permanent members of the Security Council will accept it. This is the harmful dictatorial power that the five permanents were granted, but it can be eliminated without eliminating the Security Council itself (as will be discussed later here).

Consequently: In order to boot Israel or any other international rogue-nation out of the U.N., an amendment would first be needed, which would apply a degree of accountability to each member of the U.N. permanent Security Council, by stripping the provision that inappropriately applies their veto-power even over the consideration of any proposed amendment. Obviously: amending the Charter should be a matter for consideration only by the General Assembly — without any veto-power being held by any one nation. Amendment isn’t regular U.N. action: it concerns the Charter itself.

The biggest difference between a religious Scripture and a democratic constitution (such as the U.N. Charter was intended to be for the entire world) is that whereas the former (Scripture) includes no provision for its being amended, the latter (a democratic constitution) does — or else it instead is actually a religious Scripture, something to be taken only on faith, no democracy at all, nothing suitable for the Age of Science, and thus for a future of democracy. This faith-basis being the actual epistemological status of the U.N. Charter — unless and until its amendment-section becomes itself amended to what it needs to be — that Charter is a religious Scripture, and the U.N. is more a religion than a democracy of any kind, so long as there exists any nation that can veto any proposed change to the founding document. Though intended to be the emerging democratic constitution for the future world, the existing U.N. Charter is instead just a type of religion, and this is its Scripture. (Though, as noted, uncontroversial amendments may be considered in it; so, the U.N. isn’t fully a religious institution.)

Consequently, to address these problems, I propose that the members of the U.N. Security Council that wish to establish through the U.N. a democracy and transform the U.N. so as to abandon its current status as being a religion, push, at the U.N., relentlessly, for a measure to unlock the U.N. Charter — to enable it finally to be significantly amended and allow a two-thirds vote of the General Assembly to pass into international law as an Amendment to the emerging global Constitution, the no longer religion, but instead henceforth the democracy, of an unlocked Charter of the United Nations — thereby causing the existing Scripture to be henceforth a Constitution.

Unless and until this (the introduction of the General Assembly’s exclusive ability to amend the Charter) is done, there can be no progress, only continued regress to international dictatorship and a World War III, and so in the direction of even more global dictatorship — this time likely ending in global extermination (precisely what the U.N. was intended to avoid).

Any member of the Security Council who would oppose removing that provision — the veto-power’s extending even to any proposed amendment to the Charter — would be clearly an international pariah-Government and enemy of democracy, which all the rest of the world could then boycott and penalize outside the U.N. until that pariah-nation becomes defeated economically and thus effectively becomes coerced by economic means to become a decent member-state in the international community.

This is an existential issue for the future of a livable planet. A basic condition for progress is the elimination, from the Charter, of the clause:

“including all the permanent members of the Security Council.”

That phrase must be removed both from Article 108 and from Article 109, Paragraph 2, both of which say:

“108. Amendments to the present Charter shall come into force for all Members of the United Nations when they have been adopted by a vote of two-thirds of the members of the General Assembly and ratified in accordance with their respective

[individual national] constitutional processes by two-thirds of the Members of the United Nations, including all the permanent members of the Security Council.”

“109:2. Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the United Nations including all the permanent members of the Security Council.”

The five permanent members of the U.N. Security Council are: China, France, Russia, UK, and U.S. U.S. would try to block removal of that phrase “including all the permanent members of the Security Council.” On 14 May 2018, Russia’s Sputnik News bannered “UK Has no Plans to Move Embassy to Jerusalem, Disagrees With US on Issue – May”, and this indicates that the U.S. well might be the only member that would fight to block democratization of the U.N. — to unlock the Charter for all U.N. members.

The precipitating event for this call for correcting the Charter would be the virtually unanimous repugnance of the entire world other than the U.S., regarding Israel’s string of brazen in-your-face violations of the Charter and of much of international law. Taking advantage of this intense global outrage — plus of the many outrageous actions by the U.S. Government itself — provides a rare opportunity to make the long-delayed but essential reform of the U.N., as follows:

America is the only member, of the five permanent members of the Security Council, that is so under the boot of Israel and of the Sauds. America is controlled by its own aristocracy, which are heavily interlocked with those of Israel and especially of Saudi Arabia and its other vassals, such as UAE but more broadly including the Gulf Cooperation Council of Arabic fundamentalist-Sunni royal families — and that includes a large portion of the world’s wealth. The American portion of that Imperial alliance includes control over many of the world’s largest consumer-brands, and is thus (unlike either of its masters) especially highly vulnerable to international public-image problems, such as any consumer boycotts.

There might be a way to save the world. This might be the way to a progressive future, reversing the worst of what has happened after the death of FDR (who, more than any other person, laid the groundwork for the U.N.).

Though the U.S. Government might succeed in winning the UK’s support to block democratization of the U.N., such boycotts might produce a democratic victory, if not immediately, then still within a reasonably short time, such as happened when apartheid was removed from South Africa. But this victory would be not only for the Palestinians — it would be for all peoples everywhere — a world moving in the direction of international democracy, no longer like now, in the direction of increased international dictatorship.

Investigative historian Eric Zuesse is the author, most recently, of They’re Not Even Close: The Democratic vs. Republican Economic Records, 1910-2010

International Law

Carl Schmitt for the XXI Century

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For decades, the scholars of international relations have confused the term “New World order” in the social, political, or economic spheres. Even today, few scholars confuse the term with the information age, internet, universalism, globalization, and  American imperialism. Unlike the complex categorization of the New World Order, the concept of the Old World Order was purely a juridical phenomenon. However, from standpoint of modernity, the term New World order is a purely ideological and political phenomenon, which embodies various displays such as liberal democracy, financial capitalism, and technological imperialism.

In his Magnus Opus “The concept of the Political”, Carl Schmitt lauded a harsh criticism on liberal ideology and favored competitive decisionism over it. This is why according to Schmitt’s critics; the whole text in “The concept of the political” is filled with authoritarian overtones. Nonetheless, the fact cannot be denied that it was the radical political philosophy of Carl Schmitt that paved the way for the conservative revolution in Europe. Even today, his writings are being regarded as one of the major contributions to the field of political philosophy from the 20th century.

Throughout his major works such as “Nomos of the earth”, “the Crisis of Parliamentary democracy”, “The concept of the Political” and “Dictatorship”, Carl Schmitt frequently employs unadorned terms such as ‘actual’, ‘concrete’, ‘real’, and ‘specific’ to apprize his political ideas. However, he advances most of the core political ideas by using the metaphysical framework. For instance, in the broader political domain, Carl Schmitt anticipated the existential dimension of the ‘actual politics’ in the world today.

On the contrary, in his famous work “The Concept of the Political” readers most encounter the interplay between the abstract and ideal and, the concrete and real aspects of politics. Perhaps, understanding of Schmitt’s discursive distinctions is necessary when it comes to the deconstruction of the liberal promoted intellectual discourse. However, the point should be kept in mind that for Schmitt the concept of the political does not necessarily refer to any concrete subject matter such as “state” or “sovereignty”. In this respect, his concept of the political simply refers to the friend-enemy dialectics or distinction. To be more precise, the categorization of the term “Political” defines the degree of intensity of an association and dissociation.

In addition, the famous friend-enemy dialectics is also the central theme of his famous book “The Concept of the Political”. Likewise, the famous friend-enemy distinction in Schmitt’s famous work has both concrete and existential meaning. Here, the word “enemy” refers to the fight against ‘human totality”, which depends upon the circumstances. In this respect, throughout his work, one of the major focuses of Carl Schmitt was on the subject of  “real Politics”. According to Schmitt, friend, enemy, and battle have real meaning. This is why, throughout his several works; Carl Schmitt remained much concerned with the theory of state and sovereignty. As Schmitt writes;

I do not say the general theory of the state; for the category, the general theory of the state…is a typical concern of the liberal nineteenth century. This category arises from the normative effort to dissolve the concrete state and the concrete Volk in generalities (general education, general theory of the law, and finally general theory of the knowledge; and in this way to destroy their political order”.[1]

As a matter of the fact, for Schmitt, the real politics ends up in battle, as he says, “The normal proves nothing, but the exception proves everything”. Here, Schmitt uses the concept of “exceptionality” to overcome the pragmatism of Liberalism. Although, in his later writings, Carl Schmitt attempted to dissociate the concept of “Political” from the controlling and the limiting spheres but he deliberately failed. One of the major reasons behind Schmitt’s isolation of the concept of the political is that he wanted to limit the categorization of friend-enemy distinction. Another major purpose of Schmitt was to purify the concept of the “Political” was by dissociating it from the subject-object duality. According to Schmitt, the concept of the political was not a subject matter and has no limit at all. Perhaps, this is why Schmitt advocated looking beyond the ordinary conception and definition of politics in textbooks.

For Schmitt, it was Liberalism, which introduced the absolutist conception of politics by destroying its actual meaning. In this respect, he developed his very idea of the “Political” against the backdrop of the “human totality” (Gesamtheit Von Menschen). Today’s Europe should remember the bloody revolutionary year of 1848 because the so-called economic prosperity, technological progress, and the self-assured positivism of the last century have come together to produce long and deep amnesia. Nonetheless, the fact cannot be denied that the revolutionary events of1848 had brought deep anxiety and fear for the ordinary Europeans. For instance, the famous sentence from the year 1848 reads;

For this reason, fear grabs hold of the genius at a different time than it does normal people. the latter recognizes the danger at the time of danger; up to that, they are not secure, and if the danger has passed, then they are secure. The genius is the strongest precisely at the time of danger”.

Unfortunately, it was the intellectual predicament at the European stage in the year 1848 that caused revolutionary anxiety and distress among ordinary Europeans. Today, ordinary Europeans face similar situations in the social, political, and ideological spheres. The growing anxieties of the European public consciousness cannot be grasped without taking into account Carl Schmitt’s critique of liberal democracy. A century and a half ago, by embracing liberal democracy under the auspices of free-market capitalism, the Europeans played a pivotal role in the self-destruction of the European spirit.

The vicious technological drive under liberal capitalism led the European civilization towards crony centralism, industrialism, mechanization, and above all singularity. Today, neoliberal capitalism has transformed the world into a consumer-hyped mechanized factory in which humanity appears as the by-product of its own artificial creation. The unstructured mechanization of humanity in the last century has brought human civilization to technological crossroads. Hence, the technological drive under liberal democratic capitalism is presenting a huge threat to human civilizational identity.


[1] Wolin, Richard, Carl Schmitt, Political Existentialism, and the Total State, Theory and Society, volume no. 19, no. 4, 1990 (pp. 389-416). Schmitt deemed the friend-enemy dialectics as the cornerstone of his critique on liberalism and universalism.

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International Law

Democratic Backsliding: A Framework for Understanding and Combatting it

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Democracy is suffering setbacks around the world. Over the past decade, the number of liberal democracies has shrunk from 41 to 32. Today, 34 percent of the global population lives in 25 countries moving in the direction of autocracy. By contrast, only 16 countries are undergoing a process of democratization, representing just 4 percent of the global population. Reflecting these troubling trends, USAID Administrator Samantha Power, during her confirmation hearing, highlighted democratic backsliding – along with climate change, conflict and state collapse, and COVID-19 – as among the “four interconnected and gargantuan challenges” that will guide the Biden Administration’s development priorities.

However, defining “democratic backsliding” is far from straightforward. Practitioners and policymakers too often refer to “democratic backsliding” broadly, but there is a high degree of variation in how backsliding manifests in different contexts. This imprecise approach is problematic because it can lead to an inaccurate analysis of events in a country and thereby inappropriate or ineffective solutions.

To prevent or mitigate democratic backsliding, policymakers need a definition of the concept that captures its multi-dimensional nature. It must include the actors responsible for the democratic erosion, the groups imperiled by it, as well as the allies who can help reverse the worst effects of backsliding. 

To address this gap, the International Republican Institute developed a conceptual framework to help practitioners and policymakers more precisely define and analyze how democratic backsliding (or “closing democratic space”) is transpiring and then devise foreign assistance programs to combat it.  Shifting away from broad generalizations that a country is moving forward or backward vis-à-vis democracy—which makes it difficult, if not impossible, to derive specific solutions—the framework breaks closing democratic space into six distinct, and sometimes interrelated, subsectors or “spaces.”

Political/Electoral: Encompasses the arena for political competition and the ability of citizens to hold their government accountable through elections. Examples of closing political or electoral space range from fraudulent election processes and the arrest or harassment of political leaders to burdensome administrative barriers to political party registration or campaigning.

Economic: Refers to the relationship between a country’s economic market structure, including access and regulation, and political competition. Examples of closing economic space include selective or politically motivated audits or distribution of government licenses, contracts, or tax benefits.

Civic/Associational: Describes the space where citizens meet to discuss and/or advocate for issues, needs, and priorities outside the purview of the government. Examples of closing civic or associational space include harassment or co-optation of civic actors or civil society organizations and administrative barriers designed to hamper civil society organizations’ goals including limiting or making it arduous to access resources.

Informational: Captures the venues that afford citizens the opportunity to learn about government performance or hold elected leaders to account, including the media environment and the digital realm. h. Examples of closing informational space consist of laws criminalizing online speech or activity, restrictions on accessing the internet or applications, censorship (including self-censorship), and editorial pressure or harassment of journalists.  

Individual: Encapsulates the space where individuals, including public intellectuals, academics, artists, and cultural leaders– including those traditionally marginalized based on religious, ethnicity, language, or sexual orientation–can exercise basic freedoms related to speech, property, movement, and equality under the law. Common tactics of closing individual space include formal and informal restrictions on basic rights to assemble, protest, or otherwise exercise free speech; censorship, surveillance, or harassment of cultural figures or those critical of government actions; and scapegoating or harassing identity groups.

Governing: Comprises the role of state institutions, at all levels, within political processes. Typical instances of closing the governing space include partisan control of government entities such as courts, election commissions, security services, regulatory bodies; informal control of such governing bodies through nepotism or patronage networks; and legal changes that weaken the balance of powers in favor of the executive branch.

Examining democratic backsliding through this framework forces practitioners and policymakers to more precisely identify how and where democratic space is closing and who is affected. This enhanced understanding enables officials to craft more targeted interventions.

For example, analysts were quick to note Myanmar’s swift about-face toward autocracy.  This might be true, but how does this high-level generalization help craft an effective policy and foreign aid response, beyond emphasizing a need to target funds on strengthening democracy to reverse the trend? In short, it does not.  If practitioners and policymakers had dissected Myanmar’s backsliding using the six-part framework, it would have highlighted specific opportunities for intervention.  This systematic analysis reveals the regime has closed civic space, via forbidding large gatherings, as well as the information space, by outlawing online exchanges and unsanctioned news, even suspending most television broadcasts.  One could easily populate the other four spaces with recent examples, as well. 

Immediately, we see how this exercise leads to more targeted interventions—support to keep news outlets operating, for example, via software the government cannot hack—that, collectively, can help slow backsliding.  Using the framework also compels practitioners and policymakers to consider where there might be spillover—closing in one space that might bleed into another space—and what should be done to mitigate further closing.

Finally, using this framework to examine the strength of Myanmar’s democratic institutions and norms prior to the February coup d’etat may have revealed shortcomings that, if addressed, could have slowed or lessened the impact of the sudden democratic decline. For example, the high-profile arrest of journalists Wa Lone and Kyaw Soe Oo in December 2017 was a significant signal that Myanmar’s information space was closing. Laws or actions to increase protections for journalists and media outlets, could have strengthened the media environment prior to the coup, making it more difficult for the military to close the information space.

A more precise diagnosis of the problem of democratic backsliding is the first step in crafting more effective and efficient solutions. This framework provides practitioners and policymakers a practical way to more thoroughly examine closing space situations and design holistic policies and interventions that address both the immediate challenge and longer-term issue of maintaining and growing democratic gains globally.

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International Law

Authentic Justice Thus Everlasting Peace: Because We Are One

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The ceasefire in the Israeli-Palestine conflict is a good thing. We thank God for it. Be it between two individuals or institutions or nations or the internal colonial and colonized, war does not do anything except cause more immediate or future mass misery and human destruction. Our continued memories of our interpersonal and international and internal colonial and civil wars and the memorials we erect to remember them recall and record wounds and pains we never get over. 

So it becomes a bothersome puzzle as to why we human beings still just don’t get that war like oppression leads to nowhere except to more human devastation. And we should have learned by now but have not that peacemaking like ceasefires mean nothing without justice.

 It is the reason why I constantly find myself correcting those who stress Peace and Justice.No Justice No Peace is more than a cliche.It is real politic emotionally, economically, socially, and spiritually.

Our American inner cities like those in every continent where culturally different and similar people live cramped impoverished lives and nations and colonial enclaves with such unequal wealth remind us of their continued explosive potentialities when peace is once again declared but with no justice.Everyone deserves a decent quality of life which not only includes material necessities but more importantly emotional and spiritual freedoms and other liberations.Not just the victors who conquer and rule and not just the rich and otherwise privileged.

 And until such  justices are  assured to everyone peacemaking is merely a bandaid on cancerous societal or International conflictual soars which come to only benefit those who profit from wars which are bound to come around again when there is no justice and thus peace such as  family destroying divorce lawyers, blood hungry media to sell more subscriptions , arms dealers to sell more murderous technologies, politicians needing  votes so start and prolong wars, and military men and women seeking promotion while practicing their killing capacities.

So if those of us who devoutly practice our  faiths or our golden moral principles,  let us say always and pray and advocate justice and peace always  as a vital public good  and  do justice then lasting peace in our personal lives and insist that national leaders, our own and others do the same in their conduct of international affairs and affairs with those who are stateless in this global world. 

All such pleading is essential since we are all brothers and sisters in the eyes of God who created all of us  in God’s image as one humanity  out of  everlasting divine love for all of us so we should love each other as God loves all of us  leading to desiring justice and thus lasting peace for each and every one of us.

This is difficult for those in international affairs to understand who take more conventional secular approaches to historical and contemporary justice and peace challenges as if our universal spiritual connectivennes  ( not to be confused with the vast diversity of organized religions)as human beings which makes us all brothers and sisters has no relevance. But if we are going to find true enduring peace we have no alternative but to turn our backs on increasingly useless secular methods which go either way, stressing peace then justice or justice then peace and understand how much we must begin to explore and implement approaches which we look at each other as spiritually connected brothers and sisters in which it is the expectation that peace only comes and lasts when  through the equal enjoyment of justices for every human being, we restore our universal kindred rooted in the everlasting love of God and thus for each other, no matter the different ways in which we define God or positive moral principles which originate in understandings that we human beings in all our diversities are one and thus brothers and sisters.

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