The danger of R2P 152

R2P is the doctrine according to which Obama has authorized US military intervention in the Libyan civil war.

Its name in full is “the responsibility to protect”.  The UN. Secretary General Ban Ki-moon, referring to it as a justification for the use of military force against Gaddafi’s regime in Libya,  said that it sets an “international security and human rights norm to address the international community’s failure to prevent and stop genocides, war crimes, ethnic cleansing and crimes against humanity.”’

One of its most enthusiastic proponents is Samantha Power, adviser to Obama in the role of Senior Director of Multilateral Affairs [sic] at the National Security Council.

It seems that she and Hillary Clinton (once bitter enemies, now allies) persuaded a hesitant Obama to go to war against Gaddafi in the name of R2P.

Power may be sincerely keen on protecting civilians in Libya. Obama may be too. But there is reason to believe that for Power the attack on Libya in the name of R2P will serve a purpose nearer to her heart. It will provide a precedent for a military intervention she has been advocating for at least eight years.

In an article at Front Page, Chris Queen tells us more about her:

Much of the motivation behind Obama’s Libya policy stems from from the ideology of Samantha Power, the Irish-American, hard-Left humanitarian activist who has been the president’s Director for Multilateral Affairs at the National Security Council since 2009 (and, incidentally, the wife of Obama’s “Regulatory Czar” Cass Sunstein). Power is the woman behind the curtain in terms of Obama’s policy on Libya, but a look at what she advocates reveals a troubling agenda.

Power has advocated a foreign policy that can easily be described as …  “humanitarian interventionist.” Power and other activists like her seek to build American foreign policy around merely stepping into situations in the name of preventing genocide and other humanitarian aims. This type of foreign policy relies heavily on international law and multilateralism. …

While this type of foreign policy agenda might in some small way make sense to some people in a situation like the one in Libya, it is absolutely dangerous as the basis for an entire foreign policy. You see, Samantha Power and her supporters have Israel in their sights as a target for American military intervention on humanitarian grounds.

He posts a video clip here of Samantha Power declaring that the US should use military force against Israel to protect the Palestinians from Israel.

And he notes:

In another interview five years later, Power stated that we in the United States brought terrorist attacks on ourselves because of our relationship with Israel.

We don’t know what arguments she used to Obama, but we think it likely that if she pointed out to him how an attack now on Libya would be useful for future action against Israel, that may have been the very one that persuaded him.

Read more about this here and here and here.

Chickens and carrots in blood-soaked Sudan 269

Michael Gerson, a conservative writer, fulsomely praises the Obama administration and the State Department for what he considers a triumph of US foreign policy, a referendum to be held in southern Sudan on its secession.

The Obama administration … is on the verge of a major diplomatic achievement in Sudan. Barring technical failures that delay the vote, or unexpected violence, South Sudan will approve an independence referendum on Jan. 9. Six months later, a new flag will rise, a new anthem will be played. It is a rare, risky, deeply American enterprise: midwifing the birth of a new nation.

Secretary of State Hillary Clinton had been pushing to elevate the issue to the presidential level, demanding, according to one official, “one team, one fight.” In August, President Obama declared that Denis McDonough, then the chief of staff on the National Security Council and now deputy national security adviser, would coordinate a unified government response. The administration’s common approach, dubbed “the road map,” publicly promised the regime in Khartoum a series of carrots — reviewing its status on the state sponsors of terrorism list, beginning the lifting of sanctions and starting discussions on debt relief — in exchange for allowing the south to go quietly. …

Elements of the regime in Khartoum seem prepared for sullen acceptance of southern independence

Every diplomatic achievement is rewarded by new complexities. Between the independence referendum in January and full independence on July 9, 2011, a variety of issues — concerning borders, citizenship, security and the distribution of oil revenues — will need to be resolved. …  South Sudan will require considerable help to avoid the fate of a failed state — particularly to build its capacity to govern and fight corruption. … 

But even partial diplomatic successes are worth celebrating — and this is less partial than most. Assuming the last lap of a long race is completed, southern independence will allow these long-suffering people to govern and defend themselves … And southern sovereignty will permanently limit the ability of Khartoum to do harm in a vast region it has harmed for too long.

The most timely message sent by this achievement concerns the nature of the diplomatic task. It was the intention of recent WikiLeaks disclosures to reveal the names of American diplomats and expose their malign influence in the world. Well, here is a leak of my own. People such as McDonough, Michelle Gavin and Samantha Power [see here and here]  in the White House, along with Johnnie Carson, Scott Gration [see here] and Princeton Lyman at the State Department, are employing American power to noble purpose. I mention their names (none of them secret) because they represent how skilled, effective government officials can shape history, improve the lives of millions and bring honor to the country they serve.

This is not only counting chickens before they’re hatched, but celebrating their surpassing excellence before the eggs are even laid.

True, Gerson touches on possible problems and set-backs, some of them potentially disastrous, but his delight overcomes all doubt.

It would be highly desirable for the Christian and animist south to separate from the Muslim north, but will it really be achieved bloodlessly? We should wait to see. And if the south’s independence is achieved, will it be safe from the terrible persecution by the north that it has suffered from for centuries? Will “southern sovereignty  … permanently limit the ability of Khartoum to do harm in a vast region it has harmed for too long”, as Gerson so confidently asserts?

And the question should be asked, is it just – or sound policy – for Sudan, ruled by the blood-soaked tyrant President Omar Bashir, to be taken off the list of countries that sponsor terrorism when he himself is one of the most monstrous and persistent terrorists, persecutors, and mass murderers in the world?

One might say that it is worth doing, even if unjust, if it is the price that must be paid for the safety of the southern Sudanese. But will Bashir stick to the deal?  The answer is bound up with the question of whether or not the International Criminal Court’s warrant for his arrest, for crimes against humanity and war crimes, will be cancelled. A cancellation is not one of the carrots he’s been offered, and it may not be in the power of the US administration to offer it. But it is what Bashir wants more than anything else.

It’s worth listening to an opinion very different from Gerson’s. Here’s a regional Islamic view, from the current internet issue of the Egyptian newspaper Al-Ahram:

The ICC arrest warrant on Al-Bashir is taking its toll on Sudan on more than one level. It has …  impeded a possible solution of the Darfur crisis, for the Darfur insurgents are in no mood to negotiate with a president who’s been indicted as a war criminal. Even before the warrant was issued, Khartoum was having trouble reaching a deal on Darfur. Now the prospects are indeed dire.

As for the self-determination referendum, slated for 9 January 2011, no happy ending is likely to develop. Incensed by the warrant, Al-Bashir’s government may try to disrupt the referendum. Why? Because if they allowed the south to secede, the international community may be emboldened and press harder for the implementation of ICC rulings, or try to coerce the Sudanese government into resolving the problems in Darfur

The hardliners with Al-Bashir’s party, the National Congress, believe that the secession of the south would be the thin end of the wedge.

Sudanese Vice-President Ali Osman Taha, who took part recently in discussions concerning Sudan’s future in New York, says that the ICC warrant on Al-Bashir should be rescinded. He also calls for sanctions to be removed and Sudanese debts to be written off.

The international community has so far declined to make such sweeping concessions, but it has offered smaller gestures. … Sudan was told that it may be removed from the terror list within months. But, for now at least, there doesn’t seem to be much hope for the ICC warrant to be cancelled.

There is always the possibility that Sudan may offer concessions on the south in the hope of getting the warrant removed. …

What makes the warrant such a delicate issue is not just that Al-Bashir’s future is at stake. Two other Sudanese have been indicted by the court: Humanitarian Affairs [sic] Minister Ahmed Haroun and Janjaweed leader Ali Abdel-Rahman. … Many other Sudanese officials fear that they would be next. If they allow Al-Bashir to fall, the chances are more heads are going to roll.

Sudanese presidential advisor Ghazi Salaheddin is dismissive of what the international community has so far offered Sudan. …

Sudan is being asked to hold the elections on time without much regard to the referendum’s crucial repercussions or the fact that it may lead to secession and war simultaneously

In return (for helping with the referendum), Sudan was promised “six export licences for American companies working in agriculture and health,” Salaheddin noted. Then, once the country is divided, the president will still have to turn himself in to the ICC. Not exactly the arrangement Sudan was hoping for.

Salaheddin said that such offers debase the referendum, for they turn it from a matter of principle into a business proposition or worse, a bargaining chip in US foreign policy. …

Sudanese writer Tharwat Qassem maintains that the abrogation of the warrant on Al-Bashir is the sole concern for Sudan’s National Congress. Removing Sudan from the terror list doesn’t mean much. And the lifting of sanctions for Khartoum is beside the point. Also, allowing Khartoum to import agricultural equipment and computers, as Washington did recently, is a joke.

The cancellation of the warrant is the “only carrot the National Congress craves,” Qassem said. But the price for revoking the warrant would be high. For starters, Khartoum will have to promise to facilitate the birth of a new state in south Sudan.

Al-Bashir may be willing to do just that, according to Qassem. “The statements in which Al-Bashir says that the loss of the south is not the end of the world is a step in this direction.”

It is true that the loss of the south may not be the end of the world. But it may mean that Al-Bashir would tighten his hold on power indefinitely. This is something that many lobbyists in the West, including human rights groups, don’t want to see happen. …

So nothing is cut and dried, not even the carrots. The referendum may well go ahead in January, and – just as in Afghan and Iraqi elections – there may be a huge and excited turn-out for it; but what then results is not predictable. There’s too much ominous doubt in Khartoum to allow bragging confidence in Washington, D.C., and Gerson’s applause is premature.

[See also this article at PajamasMedia: the iniquitous rulers of Sudan are already reacting by intensifying the jihad.]

A gradual erosion of US sovereignty 624

The Obama administration is taking steps that will most likely lead to the US joining the International Criminal Court. It is also ‘developing its relationships’ with a variety of international organizations, some of them economic unions, and some of them positively sinister, such as the Organization of the Islamic Conference – the body chiefly responsible for launching and promoting the Islamization of Europe – and the International Development Law Organization (IDLO) which has a far-left international redistributionist agenda (see here, and here for information on its co-operating Skoll Foundation).

From ThreatsWatch.Org, by Steve Schippert:

Last Thursday, December 17, 2009, The White House released an Executive Order “Amending Executive Order 12425.” It grants INTERPOL (International Criminal Police Organization) a new level of full diplomatic immunity afforded to foreign embassies and select other “International Organizations” as set forth in the United States International Organizations Immunities Act of 1945.

By removing language from President Reagan’s 1983 Executive Order 12425, this international law enforcement body now operates on American soil beyond the reach of our own top law enforcement arm, the FBI, and is immune from Freedom Of Information Act (FOIA) requests. …

Section 2c of the United States International Organizations Immunities Act is the crucial piece:

Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable.

Inviolable archives means INTERPOL records are beyond US citizens’ Freedom of Information Act requests and from American legal or investigative discovery.

Property and assets being immune from search and confiscation means precisely that. Wherever they may be in the United States. This could conceivably include human assets – Americans arrested on our soil by INTERPOL officers.

The importance of this last crucial point cannot be understated, because this immunity and protection – and elevation above the US Constitution – afforded INTERPOL is likely a precursor to the White House subjecting the United States under the jurisdiction of the International Criminal Court (ICC). INTERPOL provides a significant enforcement function for the ICC, just as our FBI provides a significant function for our Department of Justice.

We direct the American public to paragraph 28 of the ICC’s Proposed Programme Budget for 2010 …

Additionally, the Court will continue to seek the cooperation of States not party to the Rome Statute and to develop its relationships with regional organizations such as the Organization of American States (OAS), the Arab League (AL), the African Union (AU), the Organization of the Islamic Conference (OIC), ASEAN [Association of Southeast Asian Nations] and CARICOM [Caribbean Community]. We will also continue to engage with subregional and thematic organizations, such as SADC [Southern African Development Community] and ECOWAS [Economic Community of West African States], and the Commonwealth Secretariat and the OIF. This will be done through high level visits, briefings and, as appropriate, relationship agreements. Work will also be carried out with sectoral organizations such as IDLO [International Development Law Organization] and INTERPOL, to increase efficiency.

The United States is not a party to the Rome Statute – the UN treaty that established the International Criminal Court…

President George W. Bush rejected subjecting the United States to the jurisdiction of the ICC and removed the United States as a signatory. President Bill Clinton had previously signed the Rome Statute during his presidency. Two critical matters are at play. One is an overall matter of sovereignty and the concept of the primacy of American law above those of the rest of the world. But more recently a more over-riding concern principally has been the potential – if not likely – specter of subjecting our Armed Forces to a hostile international body seeking war crimes prosecutions

President Bush in fact went so far as to gain agreement from nations that they would expressly not detain or hand over to the ICC members of the United States armed forces. The fear of a symbolic ICC circus trial as a form of international political protest to American military actions in Iraq and elsewhere was real and palpable.

President Obama’s words have been carefully chosen when directly regarding the ICC. While President Bush outright rejected subjugating American armed forces to any international court as a matter of policy, President Obama said in his 2008 presidential campaign that it is merely “premature to commit” to signing America on.

However, in a Foreign Policy in Focus round-table in 2008, the host group cited his former foreign policy advisor, Samantha Power. She essentially laid down what can be viewed as now-President Obama’s roadmap to America rejoining the ICC. His principal objections are not explained as those of sovereignty, but rather of image and perception.

[She] said in an early March (2008) interview with The Irish Times that many things need to happen before Obama could think about signing the Rome Treaty.

“Until we’ve closed Guantánamo, gotten out of Iraq responsibly, renounced torture and rendition, shown a different face for America, American membership of the ICC is going to make countries around the world think the ICC is a tool of American hegemony.”

The detention center at Guantánamo Bay is nearing its closure and an alternate continental American site for terrorist detention has been selected in Illinois. The time line for Iraq withdrawal has been set. And President Obama has given an abundance of international speeches intended to “show a different face for America.” …

When the paths on the road map converge – Iraq withdrawal, Guantánamo closure, perceived American image improved internationally, and an empowered INTERPOL in the United States – it is probable that President Barack Obama will once again make America a signatory to the International Criminal Court. It will be a move that surrenders American sovereignty to an international body whose INTERPOL enforcement arm has already been elevated above the Constitution and American domestic law enforcement.

For an added and disturbing wrinkle, INTERPOL’s central operations office in the United States is within our own Justice Department offices. They are American law enforcement officers working under the aegis of INTERPOL within our own Justice Department. That they now operate with full diplomatic immunity and with “inviolable archives” from within our own buildings should send red flags soaring into the clouds.

[An] explanation is due the American public from the President of the United States detailing why an international law enforcement arm assisting a court we are not a signatory to has been elevated above our Constitution upon our soil.

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