Russian Bombs Usher Ukraine’s UN Address

Human nature itself must be attuned to walking out before a speech by political leaders who intentionally have enemy civilians killed and severely injured, and to being attracted to hear leaders who represent the victims. So, at the UN in September, 2026, many delegates at the UN’s General Assembly walked out before a speech by Israel’s Netanyahu, who was wanted by the International Criminal Court for crimes against humanity in Gaza (and arguably even in the West Bank), and Russia’s Putin did not even attend the opening session of speeches, whereas the address by Ukraine’s President Zelensky was to a full room. The contrast between Zelensky and the other two men could not be starker, and yet the UN was open to all three, serial violations of the UN Charter notwithstanding. The international organization can be said to have its legs wide open, and paradoxically to be impotent even with regard to enforcing its own charter. As a visiting research scholar at Harvard in 2025, I had the opportunity to speak personally with former UN officials, all of whom admitted that, given the vetoes in the Security Council, the UN itself could not even be reformed so the organization could even pass meaningful resolutions against a powerful member’s ally; something stronger at the global level would be needed if international law stood a chance of being enforced rather than merely given lip service. In 2026, even the notion of international law risked being relegated as an oxymoron, assuming that law itself—to be considered law rather than guideline or policy—requires a viable enforcement mechanism. To say that something is a law but is not enforced is to say that something really isn’t a law.

The full essay is at "Russian Bombs Usher Ukraine's UN Address."

A Hobbesian World of Might-Makes-Right

In his famous text, Leviathan, Thomas Hobbes describes the state of nature as one of might, or raw force, being the decider of what is rightly and determinatively so. If one person physically harms another person such that the latter’s food may be taken by the former, then that food belongs to the victor even without any overarching normative, or moral, constraint that says that the food still belongs to the vanquished. If Trump's statement that Putin has "won" some regions of Ukraine by military means is correct, then those occupied lands will have been decided by might as if that constitutes right. That Israel has physically decimated Gaza's cities and placed its indigenous residents in concentration camps without enough food or access to medical care with impunity means that the plight of the Palestianians has been decided by might, not right. 

The full essay is at "A Hobbesian World of Might-Makes-Right."

Guidelines Puffed Up as Law: Should under the Subterfuge of Must

During the coronavirus pandemic (2020-2022), Arizona’s Ducey administration allowed bus and light-rail employees to go maskless even though they were in close contact with the public. Bus drivers were even getting sick. The “rationale” of the Phoenix transit authority was that the federal regulation is “just a mandate.” Because the word mandate means “an authoritative command,” the rationale that being a mandate renders a law or government regulation as optional can only be spurious at best; this is a case of arrogant ignorance that can’t possibly be wrong about itself in the member-state that ranked 49^th out of 50 on public education. As an authoritative command, a law, even as implemented in regulations, has what Kant called necessity in that law itself cannot be bent; it stands firm in itself as law. In contrast, a guideline connotes flexibility rather than necessity. It follows that enforcement must pertain to laws (including regulations) but not to guidelines. I contend that what are commonly referred to as international laws are actually international guidelines. Such “laws” lack viable enforcement mechanisms and thus are actually guidelines for governments engaged in international relations.

The full essay is at "Guidelines Puffed Up as Law."

President Nicolás Maduro: Captured by the U.S.

In the early hours of January 3, 2026, the sitting president of Venezuela was captured by the U.S. military and sent to New York, where he would face a federal indictment involving the trafficking of narcotics to the United States. President Trump’s decision to go forward with the military plan no doubt had to do with the South American state’s tremendous oil reserves, just as President George W. Bush’s decision to invade Iraq surely had something to do with that Middle Eastern state’s oil fields. Elected representatives at the federal level of the U.S. have known since 1974 that skyrocketing gas prices could easily result in voter-resentment. Whether the capture of Maduro was motivated by his drug activity reaching the U.S. or Venezuela’s oil, the invasion and capture by U.S. forces is in line with the Hobbesian notion that might makes right, and even that 90% of ownership of property lies in possession. Lest it be thought that President Trump broke with precedent internationally in capturing the sitting president of another country, his strategy can be understood as being along the trend that had been gaining traction because the post-World War II international order had become hamstrung in the impotence of international bodies including the International Criminal Court and the United Nations.

The full essay is at "President Nicolás Maduro."

On the Case Against Israel: The ICC and ICJ as Seeds

At first glance, the impotence of the International Criminal Court and the International Court of Justice once an order has been willfully ignored by a government may seem overwhelming. The continued atrocities in Gaza and Ukraine even amid court challenges fueled the argument that might makes right. Even so, the willful sense of impunity of the perpetrators and their enablers in other governments may trigger enough of a public adverse reaction that the courts and international law itself eventually come out stronger.

The full essay is at "On the Case Against Israel."

The ICC Indicts Israeli and Hamas Officials: On the Perils of Absolutist National Sovereignty

The International Criminal Court (ICC) issued arrest warrants for Israel’s prime minister, Ben Netanyahu, former defense minister, Yoav Gallant, and the military commander of Hamas on November 21, 2024. With the world having had centuries wherein national sovereignty has been the basis of the international order, the heads of national governments could be expected to instantly bolt from just being indicted by an international court. Since the world woke up in 1945 to learn of the Nazi atrocities against Slavs (20 million), Jews (6 million), intellectuals and gays, whether murdered in concentration camps or on the proverbial street, as well as reading as years went by of Stalin’s mass-graves from his government’s mass-murders of Ukrainians, Poles, and even Russians, the hegemonic doctrine that the sovereignty of a state should be absolute has been barely subject to any resistance. So when the ICC has issued arrest warrants, it has been up to national governments around the world to enforce the warrants by arresting the heads of other governments charged with having violated international law. This weakness in the constraint on what would otherwise be absolutist national sovereignty attests to the marginal degree to which that doctrine has actually been questioned since 1945. In other words, the international order can be said to occupy a rather uncomfortable ‘betwixt and between’ position with respect to whether the sovereignty of countries should be constrained internationally. Not until international law comes complete with real enforcement powers will the world be able to say that heads of governments (and of state) are no longer in a state of nature as described by Thomas Hobbes in his tomb, Leviathan.   

The full essay is at "The ICC Indicts Israeli and Hamas Officials."

Facing a Hot and Hostile Planet

On October 24, 2024, Tjada McKenna, CEO of Mercy Corps, and formerly in the Obama administration working on global hunger, spoke at Harvard on wars, hunger, and climate change then going on around the world. The pandemic had been a setback. In a world of pandemics, climate change, war, and hunger, there is no us and them. Lest this utopia be taken too realistically, 200,000 more people worldwide were hungry after the pandemic than before it. Since 1946, the highest number of state conflicts was in 2023. It was then that Russia invaded Ukraine and Israel decimated much of Gaza. In 2024, the UN’s high court found both aggressors to be violating international law, but they continued undeterred and with impunity. In the context of an epic crisis of displacement of civilians, with 339 million people globally having to rely on humanitarian assistance in 2024, the impacts of climate change exacerbated hunger and conflict in several states, especially in Africa. I contend that a serious obstacle was systemic, specifically in an antiquated global order relying on an absolutist interpretation of the sovereignty of the nation-state. Even the E.U. was not immune.

The full essay is at "A Hot and Hostile Planet."

On the Reach of the International Criminal Court

Deeply hindered by the lack of enforcement mechanisms, international law can too easily be evaded or violated outright by government officials of countries who easily sense the ability to act so with impunity. Was the president of Mongolia such an official, and thus to be considered as blameworthy, when he did not have Russia’s President Putin arrested as soon as he touched down on Mongolian soil and sent to the International Criminal Court in 2024 for war crimes committed in Ukraine, including forcibly taking Ukrainian children to Russia? Is Mongolia’s acquiescence just another case of the implacable impotence of international law?

The full essay is at "On the Reach of the International Criminal Court."

The U.S. Military in Iraq: Were Human Rights Ignored?

Philip Alston, a United Nations human rights official, warned the U.S. Government in 2006 that he had received information indicating that Iraqi reports of American troops executing an Iraqi family were true. Five of the victims were children five years old or younger. According to Alston, the troops “entered the house [after a 25 minute gun battle], handcuffed all residents and executed all of them.” He noted that the troops attacked the house in part because they suspected that the family was involved in the killing of two American troops earlier in March, 2006. If this is true, both the vengeful attack and the subsequent investigation by the U.S. military, which concluded that the report of the execution was false, demonstrate what can go wrong when conflicts of interest are ignored.

The full essay is at "Human Rights in a Military Occupation."

A World Eschew: National Sovereignty Eclipsing Climate Change

U.S. President Obama announced after he left the UN global climate conference at Copenhagen in 2009 that five major nations—the United States, China, India, Brazil and South Africa—had together forged a climate deal. He called it “an unprecedented breakthrough” but acknowledged that the agreement was merely a political statement and not a legally binding treaty and might not need ratification by the entire conference.  Essentially, it was merely a statement of the five countries’ respective goals, as if someone had announced, “I want to lose ten pounds.”   The political statement did not meet even the modest expectations that leaders set for this meeting, notably by failing to set a 2010 goal for reaching a binding international treaty to seal the provisions of the accord.  Nor does the plan firmly commit the industrialized nations or the developing nations to firm targets for midterm or long-term greenhouse gas emissions reductions.

The full essay is at "National Sovereignty and Global Problems."

Mubarak Convicted in Egypt: A Precedent for Human Rights?

On June 2, 2012, an Egyptian court sentenced former President Hosni Mubarak to life in prison for being an accomplice in the killing of unarmed demonstrators during the protests in the “Arab Spring.” The significance of this verdict in terms of human rights from an international standpoint lies in the fact that the accountability on a ruler was accomplished by his own citizens—meaning the country’s own court. Lest the International Criminal Court be reckoned as coming up short in terms of being able to arrest and convict sitting or former rulers of states, the verdict from Egypt says, in effect, there is an alternative. Governments can fortify the independence of their respective judiciaries such that public officials can be held accountable domestically. Under this scenario, the ICC would be of value to the world particularly if it could be fortified to step in where states do not have court systems strong enough to arrest and try a current or former ruler. In other words, we ought not forget the alternative of national courts when we bemoan the weaknesses of the ICC.

The full essay is at "Mubarak Convicted in Egypt."

Former Liberian President Gets 50 Years for War Crimes

In the 50 year sentence handed to  former Liberian president Charles Taylor by the Special Court for Sierra Leone meeting at the Hague on May 30, 2012, the world came one step closer to being able to hold dictators accountable for war crime atrocities that go even beyond the violation of basic human rights. In particular, the prosecutor described, "The purposely cruel and savage crimes committed included public executions and amputations of civilians, the display of decapitated heads at checkpoints, the killing and public disembowelment of a civilian whose intestines were then stretched across the road to make a check point, public rapes of women and girls, and people burned alive in their homes.”[1] Insisting that he never knowingly assisted in the crimes, Taylor claimed that what he did “was done with honor.”[2] He maintained that he had been “convinced that unless there was peace in Sierra Leone, Liberia would not be able to move forward.”[3] Nevertheless, that he paid thugs in blood diamonds for the crimes means that he could be held accountable for the misdeeds themselves.

The full essay is at "Liberian President Gets 50."

1. Marlise Simons and David Goodman, “Judge Gives Taylor 50 Years for ‘Heinous’ Crimes in War,” The New York Times, May 30, 2012. 

2. Ibid.

3. Ibid.

Libya and the World in 2011: A Higher Calling

On February 21, 2011, Libyan military aircraft fired live ammunition at crowds of anti-government protesters in Tripoli. "What we are witnessing today is unimaginable," said Adel Mohamed Saleh, an activist in the capital. "Warplanes and helicopters are indiscriminately bombing one area after another. There are many, many dead." Arabiya television put the number killed on that day alone at 160. Gadhafi's son had vowed on television the day before that his father and security forces would fight "until the last bullet." I suspect that few people were surprised to find that Gadhafi would mount a sustained vituperative effort against the pro-democracy movement that was sweeping through the Middle East. "These really seem to be last, desperate acts. If you're bombing your own capital, it's really hard to see how you can survive, " said Julien Barnes-Dacey, Control Risks' Middle East analyst. "But I think Gaddafi is going to put up a fight ... in Libya more than any other country in the region, there is the prospect of serious violence and outright conflict," he said. As the world received reports of the massacre, a latent question not being asked was whether the world (or even a coalition therein in case of a holdout like China) has the right or an obligation to intervene militarily to stop the offending regime against its own defenseless people. I contend that there is such a right and moral obligation--meaning that national sovereignty does not extend to crimes against humanity. Sadly, at the time of the Libyan protests and Gaddafi's retaliation, the world's government offiicals were still largely impotent and disorganized.

The full essay is at "Libya and the World in 2011."

Source:

"Gadhafi: 'I'm in Tripoli, not Venezuela," February 22, 2011. NBCNews.com.