Alright, so Bush has unilaterally OK’d military raids into Pakistan -incursions in which civilians have been killed- without seeking permission first from the Pakistani government. This is of course not the first time something of this sort happens, but it seems like it being ok is SO ingrained in culture and driven home by the media that it doesn’t seem to cause anyone to flinch. I’m going to get all Chomskyan on you:
Lets start from the beginning:
If you look at the UN Charter, chapter 1, article 2:
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
Then, if you take a look at the Charter of the Nurnberg Tribunal you’ll notice two things:
Principle III
The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible Government official does not relieve him from responsibility under international law.
Principle Vl
The crimes hereinafter set out are punishable as crimes under; international law:
1. Crimes against peace:
1. Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
2. Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
2. War crimes:
Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation to slave-labor or for any other purpose of civilian population of or in occupied territory, murder or ill treatment of prisoners of war, of persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.
And then there is of course Chapter VII.
A unilateral, unauthorized military incursion into another territory constitutes an act of war (remember Colombia’s raid into Ecuador not long ago? Or Israel’s armed forces kidnapping of two Palestinian brothers, which in its turn prompted Lebanon to kidnap Israeli soldiers, which actually prompted a war?) and this goes of course against the U.N. Charter, which the U.S. is a signer of. So pretty much the first articles of the Charter, which lay the foundation upon what the U.N. is based on and everything that it stands for, plus the Nurnberg Charter, plus the treaties that a large portion of the planet have agreed upon are completely ignored. And of course it’s not really a big deal.
Ok, so let’s pretend then that the U.N Charter isn’t important at all. Let’s pretend instead that it is another country attacking another country, let’s imagine it is Chinese forces that are sneaking into Pakistan, instead of U.S. forces. Any explanation would probably not get too far, and the uproar on the savage and illegal actions of a communist regime upon a sovereign nation would have to be punished right? Imagine now if it were Iran… (read some of Seymour Hersh’s New Yorker articles for even scarier facts, the first three in the list are pretty informative).
Another way to think about it would be to simply switch the names of the actors around. Lets pretend that Pakistan has authorized an attack to the city of D.C. for suspicions of, let’s say, involvement in illegal activities inside other nations -yes, there are quite a few examples: Nicaragua, Granada, Panama, are but a few- but let’s not get specific. You can imagine that this will not sound as normal and matter of fact as the hawks and doves have made it sound. It would be a casus belli without a shadow of a doubt, and military action would probably be taken in response.
Does anyone care anymore? Will this continue to be the case after power has shifted East? Will it matter then?
The U.N Charter is a pretty nifty document for those that haven’t read it. You can always find it here in the UN’s website.