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Responsibility for International Conduct

Posted by Casper Ian Zajac on January 17, 2014 in Politics | 14 Views | Leave a response

Since Thomas Hobbes and John Locke it has been widely accepted that Government had been established among men for protection of thier lives and property. Its legitimacy flows from the consent and nothing else. Accordingly, people in power are accountable before people whom they govern. Although, this truth is rather well known, it seems that public tends to forget about it. This reasoning is easily applicible in relation to the domestic politics. However, the rules governing international politics might require some further contemplation.

It is obvious that the Government of one country is not politically accountable before the people of another country. Furthermore, it is an important doctrine of the international law that government officials cannot be held legally liable before any national court of a foreign state.

A system of immunities shields state officials from legal responsibility even in the case of the most abhorent crimes. Essentialy, it is only the newly-established International Criminal Court that can try such officials provided the state is a party to the treaty (most natably, the US is not). Alternatively, onr state might exercise so called universal jurisdiction in order to bring to justice any former offcial of another state who is accused of international crimes, but this is true only in relation to the former office holders and not in respect to ever act.

It does not seem right that people who are trusted with most powerful tools cannot be hold responsible for their deeds. The United Nations Charter clearly prohibits aggression which does not seem to have prevented a considerable number of military conflicts since its enactment in 1945. Similarly, it is often the case that the worst human rights abusers and mass murderers escape consequences of their actions. Dictators usually die while in office or even if overthrown, very rarely brought before a court. Furthermore, even if face charges and in fact hold guilty, extremly rarely subject to an effective punishment.

President Obama is responsible for drones attacts on innocent people all around the globe and it would be an unbelievable surprise if he was ever brought before any Court in this respect. People in power enjoy immpunity and this has been even accepted in the society. It is wrong. Just wrong. Great power entailes great responsibility. The Government officials should be subject to the constant supervision and any violation of trust must result in dissmisal or criminal liability where appropriate. This approach is not restricted only to the domestic area but must also apply to the international affairs. The Govenrment must be held accountable by its people also in relation to its conduct in respect of other states.

Since international law is clearly not able to control the affairs between countries or bring international criminals to justice, it must be the people of the state that put limits on the Govenrment’s conduct abroad.

Posted in Politics | Tagged crimes, criminal liability, international affairs, international criminal court, personal responsibility

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Casper Ian Zajac

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