upnorthkyosa said:
Do I think stopping the holocaust was wrong? No. Did the US invade Europe to stop the holocaust? No.
I guess the way I see it is that there are no firm lines drawn in the sand on cultural issues of right or wrong. Some cultures have abomidable practices in them, but I don't think that we should invade their countries and impose our will and culture on them. However, sometimes, in some circumstances, I might feel differently.
When do you feel it is right to invade another country and impose our will/culture on the people of that country?
Without a firmer analysis your arguments come down to personal belief. They are valid, to you and many others, but not persuasive as they do not present a model that can gain agreement other than on subjective grounds and on a case by case basis. Your approach pretty much reflects the reality of international decision making, irrespective of political view. Whilst I don't always agree with you I don't have huge issues with the approach as a personal belief system, in a complex world most opinions are to one degree or another subjective. It is possible, however, to go beyond a subjective and relativistic approach and achieve some certainty in important areas, if done with care.
The challenge facing International law is in agreeing a set of absolute common standards whilst at the same time preserving the integrity of the State from outside influence.
The problem is that the international law of war, and international treaty law has the primary aim of protecting the integrity of a state, and of the rulers of a state. That is why the allegation that the coalition forces are engaged in regime change in Iraq is so serious. As you say the US didn't invade Europe to prevent the holocaust, the US invaded in self defence, at last in part, in support of almost universally accepted (but not universally obeyed) rules of international law, and in accordance with treaty obligations that made Germany a common agressor with Japan. Having said that I speak English as my first language, and appreciate the sacrifice the US made in achieving that, even if it wasn't the main objective.
Following the war Nuremburg was the first attempt at creating an international agrement on internal state actions that constitute a crime against humanity in general. However, no state in their right mind is going to cede jurisdiction on their internal conduct to an unidentified external power, and the bulk of international law supports this approach. This leads to the UN as a council in which member states can vote to interfere militarily with a non-member state. It remains in effect a subjective judgement as to when this is appropriate, and is obviously severely hampered where internal humanitarian abuses are concerned as too many members of the UN rightly fear setting a precedent when their own conduct is less than perfect.
A further approach is available, and that is to set some absolute standards that can be enforced as a universal right. Arguments on subjective v absolute values are a distraction. it has been done, and very effectively, in a number of countries. The US has a body of law and a Bill of Rights that sets
absolute humanitarian rights for their citizens, and the UN has produced a similar absolute list of rights. The EU has done the same, and has also set up a central court that has the power to rule on, but not physically enforce, human rights issues in member states. The crime of genocide has been defined and enforced in the International Court of Justice in the Hague. To argue that the issues are too subjective to be codified is to miss a major point, it has already been done and with some success.
The only development in international law that has yet to happen is to specify a list of absolute humanitarian laws, the breach of which allows a country to sidestep international law and effect policekeeping or regime change, and to create a mechanism where the decision to take action is approved by a defined set of criteria and evidential rules, rather than a subjective vote in the UN. Basically an international court supported by the international community. Applying the rule of law to invasion of another country is entirely possible.
Put simply:
1. it is possible to define some basic but absolute humanitarian rights;
2. it is already possible to create a legal framework for enforcement that is less political and less subjective (International courts);
3. Mechanisms for enforcement already exist, whether UN peacekeepers, or coalitions of motivated countries;
4. Regime change and post conflict settlement has plenty of precedent - e.g. the Marshall plan (thanks again), South Africa, current activities in Afghanistan etc.
On a lot of things I am quite happily subjective, I like to call it tolerance, but I am definitely not a relativist on core humanitarian issues like the right to a fair trial,freedom of expression, freedom from torture, illegality of genocide etc.