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."

The United States: Complicit in Genocide

In December, 2024, Amnesty International, a highly reputed human rights international organization “found sufficient basis to conclude that Israel has committed and is continuing to commit genocide against Palestinians in the occupied Gaza Strip.”[1] The International Criminal Court (ICC) had recently issued arrest warrants for a former defense minister and the sitting prime minister, Ben Netanyahu, and the UN’s high court, the International Court of Justice (ICJ) had also ruled that Israel’s occupation of Gaza and the West Bank violates international law. When Amnesty’s report came out, the ICJ was considering whether to declare a genocide in Gaza. Considering the series of determinations against Israel in Gaza, did it matter that the ICJ had not yet ruled specifically on genocide? Formally yes, but the currency of formal rulings and determinations regarding Israel based on international law had lost considerable de facto value, given Israel’s ongoing infliction of such widespread and dire suffering on civilians in not only Gaza, and Russia’s attacks in Ukraine (the ICC had already issued an arrest warrant for Russia’s sitting president. Oddly, news that Israel was committing an apartheid genocide seemed at the time to be old news, whereas that the U.S. was complicit, as an accomplice in providing the weapons, in a genocide was news.

The full essay is at "The United States: Complicit in Genocide." 

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1. Amnesty International, “Amnesty International Investigation Concludes Israel Is Committing Genocide Against Palestinians in Gaza,” Amnesty.org, December 5, 2024.

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."

Unenforced Law: The International Court of Justice Declares Israeli Occupation Illegal

On July 19, 2024, the UN’s court rendered an opinion to the UN’s General Assembly on the legality of Israel’s occupation of Palestinian territories including East Jerusalem. The Israeli government wasted no time in publicly dismissing the International Court of Justice even though the UN had created Israel. As if the creature is greater than its creator, which is a rather unbiblical view, Israel’s prime minister had dismissed two earlier verdicts of that court against Israel’s military incursion into Gaza, which resulted in the deaths of more than 35,000 and displaced over a million Palestinian residents. What are we to make of international law itself? Can we rightly call it law even though no enforcement mechanism necessarily exists for it? By necessarily, I mean something more than a voluntary coalition of willing countries, which of course cannot be counted upon.

The full essay is at "The International Court of Justice on Israeli Occupation."

Euroskeptic Federalism: Obstructing the E.U.'s Recognition of Palestine

Just because U.S. federalism deposits foreign policy exclusively with governmental institutions at the federal level does not mean that that domain cannot be shared between state and federal governments in a federal system. This was precisely the case in the E.U. as it struggled to come up with a unified response to Israel having ignored the verdict of the World Court—the UN’s court—ordering Israel to cease and decease from invading Rafah from May 24, 2024 onward. Meanwhile, two of the E.U.’s states were poised to recognize Palestine. Such emphasis on the state governments playing the leading role is fraught with difficulties even though in theory there is on reason why foreign policy cannot be a competency, or domain, that is shared at the state and federal “levels.” In federalism, the federal and state governmental systems are on par, rather than one of the governmental systems being above the other, so “levels” is misleading. Even so, a lot can be said for delegating foreign policy to the federal level. This can be seen from the state and federal reactions in the E.U. as Israel continued its invasion of Rafah just after the World Court had ruled that Israel would be violating international law and the UN’s charter in continuing the offensive.

The full essay is at "The E.U. on Israel."

On the Impotency of International Law in a System of Sovereign States: The Case of Gaza

The sheer brazenness with which countries ironically recognized as being sovereign states by international law ignore international law even in regard to human rights that seeks to place boundaries on said sovereignty reflects the impotency of international law, and thus even that which recognizes national sovereignty itself. For the rest of us, continuing to believe that upcoming cases before the International Court of Justice, the UN’s court, are of consequence and thus even worth paying attention to, demonstrates abject stupidity, as if we were herd animals without learning curves. Admittedly, the stubborn, self-aggrandizing governments are ethically worse than the world’s population that lets such governments blatantly and even explicitly ignore judicial rulings of the International Court of Justice (and the European Court of Human Rights), but culpability can also be gleamed from the public’s truly pathetic irrational belief that another case against a country that has just ignored a verdict of that very court might just work in curtailing human-rights abuses and outright, even genocide-scale, aggression that outstrips even the sin of retaliation. Either I am blind or the proverbial emperor is not wearing any clothes.

The full essay is at "On the Impotency of International Law."

On Israel’s Public Relations Campaign against the Charge of Genocide

In theory, state media is more vulnerable to doing the bidding of its sponsoring government than are privately owned media companies. In practice, governments are able to pressure even private news outlets to sway public opinion for political purposes. Even allied governments can pressure the government of a country in which a private news company resides in terms of what stories to air and when to air them, in order to sway that country’s public opinion, and even global public opinion. The sudden appearances in print, online, and on television news networks of former Israeli hostages being interviewed just after the International Court of Justice had announced on December 29, 2023 that Israel would be tried on charges of genocide in Gaza. Not coincidentally, I submit, emotionally-charged hyperbole was used to pull emotional “heart-strings” in order to convince the world, including the justices at international court, that the Hamas attack on October 7, 2023 had been so bad that even Israel’s extremely disproportionate military attacks in Gaza were justified and thus should not be considered to be genocidal. Besides the logic being flawed, for the infliction of such disproportional harm was not justified, and even a justified genocide would violate the Convention on Genocide, which Israel had agreed to be bound. In short, I suspect that much was happening behind the scenes not only in Israel, but also in the U.S. Government and even private media companies in the U.S. immediately following the Court’s announcement.

The full essay is at "Israel's Public Relations Offensive."

Toothless International Human Rights: Genocide in Gaza

It strains credulity to believe that vengeance against the Palestinian residents of Gaza was not among the motives of the Israeli government’s ministers in retaliating for the Hamas attack against occupation on October 7, 2023. Within days, Israel’s president publicly accused every Palestinian in Gaza of being guilty. Because it cannot be assumed that every resident of Gaza who had voted Hamas into office was in favor of the attack, and the residents who had voted for the PLO could even less be assumed to be supportive of Hamas, the Israeli notion of collective justice is ethically flawed. Deficient as a subterfuge for the very human instinctual urge to inflict disproportionate vengeance, the espoused justification did not hold South Africa off from charging Israel with genocide at the International Court of Justice (ICJ). At the time, both South Africa and Israel were parties to the Genocide Convention. Because the ICJ was at the time the principal judicial body of the United Nations, the UN’s lack of enforcement power—notorious even on resolutions passed by the Security Council—meant that even a conviction could send the message that a national government can get away with even genocide.

The full essay is at "Crimes Against Humanity: Israeli Genocide"