Showing posts with label International Law. Show all posts
Showing posts with label International Law. Show all posts

Saturday, September 27, 2008

Hypocrisy of Egyptian NeoCons

Liberals ...
Damaging the Liberal Cause

Recently, we have witnessed a commendable campaign to bring President Bashir of Sudan to the International Criminal Court (ICC) for crimes committed against humanity in Darfur ...

Honorable Judge Bastawisi, wrote an important article in Al Masry Al Youm in support of this measure, and explained that the REAL GUARANTY against having heads of states tried before the court, is to INSTALL INDEPENDENT JUDICIARY on a National Level, where fair trial is guaranteed of every one and for every credible claim ...

What amazes me, is that so called, self-proclaimed, Egyptian NeoCons, were very much SUPPORTIVE of bringing President Bashir to trial ... what I do not understand is, how can they do that, when they know that that the United States under NeoCon administration tried everything possible to undermine the court including pressuring other states to refrain from cooperation with the court.

Under Clinton Administration (Democrat), the United States of America was one of only 7 nations (joining China, Iraq, Libya, Yemen, Qatar and Israel) to vote against the Rome Statute of the International Criminal Court (ICC) in 1998.

But the Bush administration's hostility to the ICC has increased dramatically in 2002 under the Bush administration. The U.S. opposition to the ICC was in stark contrast to the strong support for the Court by most of America's closest allies.

In an unprecedented diplomatic maneuver, the Bush administration effectively withdrew the U.S. signature on the treaty. The Bush administration then went requesting states around the world to approve bilateral agreements requiring them not to surrender American nationals to the ICC !

The U.S Congress passed the American Servicemembers' Protection Act (ASPA), which was signed into law by President Bush, which prohibits U.S. cooperation with the ICC; allowing the U.S. to "invade the Hague, Netherland, seat of the ICC"تصريح بغزو لا هاي (!!) by authorizing the President to "use all means necessary and appropriate" to free U.S. personnel (and certain allied personnel) detained or imprisoned by the ICC, in addition to punishment for States that join the ICC treaty: refusing military aid to States' Parties to the treaty (except major U.S. allies), etc.

When I see "Egyptian" NeoCons Supporting, in fact promoting, Trial of President Bashir of Sudan before ICC, when the NeoCons passed a Law allowing INVASION of another Sovereign State to illegally extradite possible US offenders tried before the very same court, ICC ... when I see that ...




I say that this is Hypocrisy of the highest proportions ...

And for the avoidance of doubt, I am with and whole-heartedly for, the fair Trial of Bashir before ICC, and I am for fair trial of every person who is suspected of commiting crimes against humanity but may go unpunished under the inadequacy of national or local laws, also before ICC.

But I am asking self-proclaimed "Liberals" to stop their systematic use of double standards which has in fact damaged the Liberal cause and has given "Liberalism" a bad name, a bad name which it does not deserve.

I say to those claiming to be liberals and freedom fighters, who insist that "Islamic Extremism" is a threat to our country and to our world, I tell them, that the only chance that liberals have in reaching out to the people and gaining their trust and votes, thus curbing "Extremists" from climbing the seats of power, is for Liberals to WALK the TALK, to embrace Liberal values and principles and APPLY them equally on friends and adversaries alike, without DISCTINCTION between those we like and those who are unpopular.

The real test of our integrity is NOT when we fight for the the freedoms of those whom we like. The Real Test of our Integrity is not when we defend our friends. The real test of our integrity is when we fight for the freedoms of those who are unpopular. Those whom we do not particularly like. The real test of our integrity, is when we tell friends that we believe they are WRONG.

Please stop your double-standards and hypocrisy, for they have damaged the Liberal Cause a great deal.






*************************



Read HJ Bastawisi's Article in Al Masry Al Youm


المستشار هشام البسطويسي يكتب: نعم
يجب أن يحاكم البشير دوليا ولو اعتصم بحصانة مغتصبة


٢٢/٧/٢٠٠٨

http://www.almasry-alyoum.com/article.aspx?ArticleID=114295


Thursday, September 25, 2008

Post Realism 2

A Quest for International Law:
UN Version 3.0




Realists tell you it does not exist. That there is no such a thing as International Law. And even if there was, there was no way of enforcing it. Their arguments make a lot of sense. Their logic is pure Realism at its finest :

• There is no International Law.
• Laws are made by the stronger.
• the UN is Useless, can not & should not have a role in resolving conflicts or promoting justice
• Because there are dictators who might sign international treaties we should not have treaties

Realism is great. But Guess what. It did not work. It did not protect the strong. The minute that the strong decided to break the spirit of International Law, which it did not really acknowledge as a concept, the strong became weak, exposed and vulnerable ... we all become vulnerable in absence of the law ... because the law, JUSTICE, is an insurance policy for all of us ...

So. Realism did not quite seem to work.

Hence, comes this notion of Post-Realism. A Search for International Law. A Pursuit of Happiness, not just for the Americans, Europeans or Japanese but for every nation. A Quest for Justice not just for Egyptians, Palestinians & Syrians but for Israelis, Tibetans, Indians, Sri Lankans, Cubans, Russians, Armenians, Ethiopians, etc., ... justice for all ... justice for everyone. For we have learned that no Nation can be happy alone ... while the rest of the world suffers.

Realism talks about what's possible in terms of our own past experience of how things used to happen.

At one moment of Man's journey ... there were no states ... there was no law, there was no electricity or telephones.

When one man, possibly code name Osiris, or Azer, but he really represents the civilizing spirit in every society, had the idea, that Man should not kill another man for food ... that a concept of "property" exists ... at that precise moment ... the concept of LAW was Born:

"
And Aser gave his fellow men (probably Egyptians :) Laws, taught them how to farm and how to make wine ... and taught them how to honor the gods (do good really) .. he took them out of their savagery.

If MAN insisted on being realist all along that journey of civilization ... we would never have LAWS or States ... or Electricity ... or wine ... :)



الواقعية تشبه إلى حد بعيد المنهج السلفي
أن نفعل
كما رأينا آباءنا يفعلون

والمحافظون ما هم إلا نوع مودرن شوية من السلفيين
سلفيين ببدل وكرافتات يعني



But luckily, Man has never given up the gift of "Dreaming" ... for he was endowed with imagination and vision , the ability to see things ... not only as they are ... or as they used to be ... but as they COULD BE.

This is the power of Vision my friends ... we should never lose sight of that ... and we should never let anyone tell us that things can't get better on the grounds that things are indeed dire ... for when things are bad ... this is the best time when Man can install something better ... only when it is bad ... that traditionalists and conservatives will accept a new solution which may allow things to be less bad ... or simply better ...




But most of all, we should never fall victims of Realism at bad times, because when things are bad ... Realism really becomes another word for pessimism.



Now, we have to ask ourselves: is this the best Man can do?

International Justice: is it really "No-can-do"?

I am not talking here about Palestine or Israel, I am talking about everything ... about Kyoto and the Ozone Layer ... I am talking about kids starving in Africa and conflicts breaking in Georgia. I am talking about it all. Wouldn't be nice to have something, an international institution, which can actually provide a framework for International Law, including arbitration, letigation and enforcement?

Guess what. Such an institution exists. In fact, version 2.0 of that institution does exist. It is called the United Nations. Version 1.0 (the League of Nations, rest-in-peace) was full of bugs, and because it was so buggy it did not manage to prevent the horrors of World War 2. World Peace "Crashed" and 40 million people died. So in 1945, the warring nations, after the war, developed version 2.0, and sat on its Security Council. And it did manage to prevent War again between the five.

But guess what. It had no room for the weak. It did not listen to the poor. So, the weak decided, to take the Law in its own hand, launching a "Parallel War", using terror and killing civilians instead of engaging in a formal conventional war for which the weak had no capacity to handle or chance to win.

Isn't this always the case? When the Law fails to deliver justice, people resort to violence, hire thugs and take the law in their own hands?


So,I say that now, it is time for UN version 3.0

And please, this time, we need the weak to sit on the table with the strong.

The poor with the rich.

This is how we can rid ourselves of this Bad Karma which seems to be haunting us. Catching up with us where we least expect it.

Let us work on UN Version 3.0 and improve our Karma a little. Shall we?

:)

My Page on Facebook

Wael Nawara on Facebook