készíti: Gellért Ádám
email/elérhetőség: gadam107@yahoo.com

“The only necessary for "evil" to triumph is for a few good men to do nothing”


2009. december 14., hétfő

Obama Nobel-békedíj beszédének nemzetközi jogi vonatkozásai


Barack Obama Stockholmban elmondott beszéde sok mindent elárul a jelenlegi amerikai elnök “jogos háborúhoz” és a háborús szabályok betart(at)ásához fűződő viszonyáról (a videó itt megtekinthető):

“To begin with, I believe that all nations - strong and weak alike - must adhere to standards that govern the use of force. I - like any head of state - reserve the right to act unilaterally if necessary to defend my nation. Nevertheless, I am convinced that adhering to standards strengthens those who do, and isolates - and weakens - those who don’t. Furthermore, America cannot insist that others follow the rules of the road if we refuse to follow them ourselves. For when we don't, our action can appear arbitrary, and undercut the legitimacy of future intervention - no matter how justified.

This becomes particularly important when the purpose of military action extends beyond self-defense or the defense of one nation against an aggressor. More and more, we all confront difficult questions about how to prevent the slaughter of civilians by their own government, or to stop a civil war whose violence and suffering can engulf an entire region.

I believe that force can be justified on humanitarian grounds, as it was in the Balkans, or in other places that have been scarred by war. Inaction tears at our conscience and can lead to more costly intervention later. That is why all responsible nations must embrace the role that militaries with a clear mandate can play to keep the peace.

Where force is necessary, we have a moral and strategic interest in binding ourselves to certain rules of conduct. And even as we confront a vicious adversary that abides by no rules, I believe that the United States of America must remain a standard bearer in the conduct of war. That is what makes us different from those whom we fight. That is a source of our strength.

…[F]irst, in dealing with those nations that break rules and laws, I believe that we must develop alternatives to violence that are tough enough to change behavior - for if we want a lasting peace, then the words of the international community must mean something. Those regimes that break the rules must be held accountable. Sanctions must exact a real price. Intransigence must be met with increased pressure - and such pressure exists only when the world stands together as one.

The same principle applies to those who violate international law by brutalizing their own people. When there is genocide in Darfur, systematic rape in Congo or repression in Burma - there must be consequences. And the closer we stand together, the less likely we will be faced with the choice between armed intervention and complicity in oppression.”

Az utóbbi bekezdéshez illeszkedik a Council on Foreign Relations nem rég megjelent “Intervention to Stop Genocide and Mass Atrocities - International Norms and U.S. Policy” c. jelentése:

“This report concludes that the current international legal regime could be effective in stopping mass atrocities and that none of the oftenproposed radical reforms to international law will be more effective in the short term. To best combat the threat of mass atrocities consistent with other U.S. foreign policy interests and priorities, the United States should take independent steps and work with allies to improve the responsiveness of the existing UN Security Council system while preparing and signaling a willingness, if the UN Security Council fails to act in future mass atrocity crises, to take necessary action to address them. The major elements of a strategy should include strong but nuanced declarations of support for the “responsibility to protect,” a diplomatic effort to work with like-minded allies on common commitments to the responsibility to protect and redoubled engagement with other states to explain the U.S. position, and integration of this outreach with U.S. diplomacy on other international legal issues.”

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