"Imperial legal doctrine has played a central role in justifying and providing a basis for the exercise of international terrorism."
INTRODUCTION By now we are familiar with imperial states using their military power to attack, destroy and occupy independent countries. Boatloads of important studies have documented how imperial countries have seized and pillaged the resources of mineral-rich and agriculturally productive countries, in consort with multi-national corporations. Financial critics have provided abundant data on the ways in which imperial creditors have extracted onerous rents, royalties and debt payments from indebted countries and their taxpayers, workers, employees and productive sectors. What has not been examined fully is the over-arching legal architecture which informs, justifies and facilitates imperial wars, pillage and debt collection. THE CENTRALITY OF IMPERIAL LAW
International law, at best, can provide a ‘moral’ judgment, a not insignificant basis for strengthening the political claims of countries, regimes and people seeking redress from imperial war crimes and economic pillage. To counter the claims and judgments pertaining to international law, especially in the area of the Geneva protocols such as war crimes and crimes against humanity, imperial legal experts, scholars and judges have elaborated a legal framework to justify or exempt imperial-state activity. THE USES OF IMPERIAL LAW
Empire-building throughout history is the result of conquest – the use or threat of superior military force. The US global empire is no exception. Where compliant rulers ‘invite’ or ‘submit’ to imperial domination, such acts of treason on the part of ‘puppet’ or ‘client’ rulers usually precipitate popular rebellions, which are then suppressed by joint imperial and collaborator armies. They cite imperial legal doctrine to justify their intervention to repress a subject people in revolt. While empires arose through the direct or indirect use of unbridled force, the maintenance and consolidation of empires requires a legal framework. Legal doctrines precede, accompany and follow the expansion and consolidation of empire for several reasons.
Imperial legal pronouncements, whether issued directly by executive, judicial, military or administrative bodies, are deemed the ‘supreme law of the universe’, superior to international law and protocols fashioned by non-imperial authorities and legal experts. This does not imply that imperial rulers totally discard international law: they just apply it selectively to their adversaries, especially against independent nations and rulers, in order to justify imperial intervention and aggression - Hence the ‘legal bases’ for dismantling Yugoslavia or invading Iraq and assassinating its rulers.
Legal rulings are issued by the imperial judiciary to force states to comply with the economic demands of multi-national corporations, banks, creditors and speculators, even after the local or national courts have ruled such claims unlawful. Imperial law protects and provides sanctuary and financial protection to convicted former collaborator-rulers charged with human rights crimes, pillage of public treasury and destruction of democratic institutions. Imperial judicial and administrative agencies selectively investigate, prosecute and levy severe fines and even jail sentences on banks, individuals and financial institutions of their competitor imperial countries, thereby strengthening the economic position of their own ‘national’ imperial firms.
Imperial legal doctrine has played a central role in justifying and providing a basis for the exercise of international terrorism. Executives, such as US Presidents Bush and Obama, have been provided with the legal power to undertake cross-national ‘targeted’ assassinations of opponents using predator drones and ordering military intervention, in clear violation of international law and national sovereignty. Imperial law, above all else, ‘legalizes’ aggression and economic pillage and undermines the laws of targeted countries, creating lawlessness and chaos among its victims.
CONCLUSION Clearly in a world imperial system there can be no independent judicial bodies who abide by universally accepted legal codes. Each set of judicial authorities reflect and actively promote policies favoring and extending their imperial prerogatives. There are rare exceptions where a judge will rule against a particular imperial policy but over the long run imperial law guides judicial opinions. Imperial legal doctrines and judicial decisions set the groundwork for imperial wars and economic pillage. The empire’s legal experts redefine assassinations, coercion, torture and arbitrary arrests as compatible with the ‘constitutional order’ by claiming imminent and constant threats to the security of the imperial state.
'It is pointless to argue that most imperial leaders trample on constitutional guarantees and international laws." In this sense, imperial rulers are not ‘lawless’ as some liberal critics would argue; they function in accordance with ‘imperial jurisprudence’ and are faithful to the legal doctrines of empire building. It is pointless to argue that most imperial leaders trample on constitutional guarantees and international laws. If an imperial ruler pursued a “constitutional agenda” eroding imperial prerogatives or, even worse, applied international law to prosecute those carrying out brutal imperial policy, he would be quickly condemned for dereliction of duty and/or immoral behavior and impeached or overthrown. READ THE BIO AND MORE ARTICLES |