Chaos in Massive Illegal Crossings into the E.U.: The Case of Ceuta

Even though the default absolutist notion of national sovereignty has consistently undercut global efforts to combat climate change and rid the world of nuclear weapons and even war itself, to disregard territorial sovereignty altogether is also problematic. Interestingly, both extremes treat international relations as a Hobbesian state of nature, and disregarding national sovereignty even extends the state of nature to within a country such that even national government is presumed not to exist. Illegal immigration is a case in point. When sixty thousand North Africans illegally entered Ceuta in the E.U. on July 30, 2026, the utter disrespect for the rule of law as well as the E.U.’s territorial integrity and legitimacy was palpable.

The full essay is at "Chaos in Massive Illegal Crossings into the E.U."

Castigating NGO’s: An American Israeli-Surrogate on Gaza Reconstruction

Besides international law, international organizations, or NGOs, function internationally beyond the reach of the nation-state. From the standpoint of national sovereignty, the sheer existence of the NGO as an institutional arrangement can be viewed as a potential threat and thus smartly to be expunged. One strategy that a country’s government bent on protecting national sovereignty could use to discredit NGOs is to label them using the turbo-charged “T” word, even in the case of an NGO that is oriented exclusively to providing humanitarian aid. By 2026, Israel had decimated the infrastructure and buildings in its occupied Gaza strip, and Russia had been bombing residential buildings in Kiev and other large cities in Ukraine for four years, so it could not be said that humanitarian aid was not needed in the world. Parts of Africa ravaged by draught and war, such as in Somalia, were also in vital need of humanitarian aid. To discredit NGOs providing such assistance, whether in terms of shelter, food, or medicine, meant being open to the charge of callous disregard for the suffering of very large numbers of people.  The case of Gaza—in particular, the position of the Trump administration on NGO’s being involved in the reconstruction of the strip—demonstrates the harm that is involved in turning the NGO institution-type into a controversial and even suspicious thing in order to do the bidding of a belligerent ally while removing a potential external threat to national sovereignty.

The full essay is at "Castigating NGO's."

The U.S. Dismantling the International Criminal Court: International Law in the Cross-Hairs

The Rome statute, a treaty that went into effect in 2002, established the International Criminal Court (ICC) in order to bring accountability even to high officials of governments who flaunt international law by committing war crimes and crimes against humanity. As of July 14, 2026, when U.S. Secretary of State Marco Rubio, the American high representative on foreign policy and diplomacy, announced the intent of the Trump administration to stop at nothing less than dismantling the ICC, the U.S. had not ratified the treaty and thus was not subject to the court’s jurisdiction. However, Americans on the soil of countries that had ratified the treaty could be arrested there and sent to the ICC in the Hague if charged with having violated international law abroad. Back on U.S. territory, any such culprits would be beyond the reach of the ICC and any of the governments that were obliged by treaty to make arrests on their respective soils to implement warrants issued by the ICC. I contend that U.S. sovereignty was neither diminished or threatened by the existence of the court and the governments obliged to implement the warrants. In fact, the Trump administration may have been acting as a proxy for a foreign regime, two high government officials (at least) had been charged by the ICC and yet were still flaunting their immunity in Israel and the United States. Protecting the accused in another country of such horrendous crimes as a holocaustic genocide and falsely claiming that the ICC was an existential threat to American sovereignty as Rubio claimed on social media are not in the best interests of the U.S. even just in terms of reputational (and political) capital in international relations. Political expediency geared to protecting culprits of such a severe crime is at the very least short-sighted. In steering a large ship, a captain should look beyond the bow, as per the fateful example of the Titanic in 1912 attests. Enlightened self-interest goes a long way, whereas a narrow, contractual self-interest is apt to be hit head-on at some point. In July of 2026, the E.U. warned the world of the reckless American steering, but like a drunk driver, full of hubris liquor, the warning would go unheeded in the Hobbesian ideological belief that there is no such thing as international law in the state of nature. The bigger picture considers whether international law itself would survive the collapse of the post-World-War-II world order, which includes the ICC as well as the enforcement-impotent United Nations even concerning its own rulings and votes! Such self-inflicted impotence evinces Nietzsche’s conception of weakness, which is epitomized by celibate priests who yet seek to dominate even the strong. Netanyahu and Putin could easily flaunt the U.N. and be confident in remaining untouched by the ICC and even the feckless governments that were obliged to enforce the court’s arrest warrants. The global order was backsliding ironically as progress in technology was revolutionizing daily life in the twenty-first century.

The full essay is at "The U.S. Dismantling the International Criminal Court."

Israel Kidnapping at Sea: On Absolutist National Sovereignty

In the dark of night on June 9, 2025, Israeli military forces intercepted The Madleen, a yacht operated by the Freedom Flotilla Coalition (FFC), a political-activist group oriented to getting food and medicine to the residents of Gaza in Israel. Activists from the E.U., Brazil, and Turkey were on the boat until they were forced onto an Israeli boat and taken to Tel Aviv’s airport, where they were pressured to sign a document that they had entered Israel illegally and agreed to be deported. Once back in the E.U., its activist Greta Thunberg told reporters that Israel had committed “an illegal act by kidnapping us on international waters and against our will, bringing us to Israel, keeping us in the bottom of the boat, not letting us getting out and so on.”[1] She had agreed to give her written consent to be deported (even if that meant being permanently banned from Israel, she likely would have welcomed the stipulation), but she refused to admit that she had entered Israel illegally. She had, after all, been kidnapped in international waters. Being forced to enter a country by its government, whose officials reason nonetheless that the entrance is illegal, merits the spotlight on enquiry, as this actual mindset can be said to be pathological in nature. I submit that pathology with governmental sovereignty is never a good mix.

The full essay is at "Israel Kidnapping at Sea."

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1. Jaroslav Lukiv and David Gritten, “Greta Thunberg Deported, Israel Says, after Gaza Aid Boat Intercepted,” BBC.com, June 10, 2025.

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 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."

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"

The Tyranny of the Veto: Eviscerating the U.N.

Russia and China vetoed a U.N. Security Council resolution on October 4, 2011, effectively tossing a life preserver, according to the New York Times, to Syria’s president. The toothless proposal would have condemned the Syrian government for its violent crackdown of popular protests in which more than 2,700 had been killed. The proposal’s language had been softened from targeted financial sanctions; the council would merely have been charged with considering unspecified measures after a 30-day period. Two reasons can be cited for the two vetoes: commercial ties and a vested interest in forestalling any more threats to the doctrine of national sovereignty.

The full essay is at "Tyranny of the Veto: Eviscerating the UN."

A Syrian Offensive: Taking on International “Enforcement” of Human Rights

In Geneva on November 28, 2011, the Independent International Commission of Inquiry on Syria presented its report, which had been requested by the UN Human Rights Council. According to the report’s summary, the “deteriorating situation in the Syrian Arab Republic prompted The Human Rights Council to establish an independent international commission of inquiry to investigate alleged violations of human rights since March 2011.” The Commission interviewed 223 victims and witnesses. The Commission was able to document “patterns of summary execution, arbitrary arrest, enforced disappearance, torture, including sexual violence, as well as violations of children’s rights.”One might suppose that the Syrian government would have been seeking to placate the international organization and other governments.

The full essay is at "Taking on International Enforcement."

Source:

Neil MacFarquhar and Nada Bakri, “Syria Calls Arab League Sanctions ‘Economic War.’” The New York Times, November 28, 2011. 

UN’s General Assembly as Nonbinding on Syria

According to the New York Times, “In a powerful rebuke to Syria’s government, the United Nations General Assembly voted overwhelmingly on [February 16, 2012] to approve a resolution that condemned President Bashar al-Assad’s unbridled crackdown on an 11-month-old uprising and called for his resignation under an Arab League peace proposal to resolve the conflict.” The reporter immediately undercuts his use of powerful by observing that the 137-12 vote (with 17 abstentions) is “a nonbinding action with no power of enforcement at the world body.” The “action” does represent “a significant humiliation” for Assad. I doubt very much if he felt humiliated. His UN ambassador “denounced the resolution as a politically motivated scheme to intervene in Syria by the Western powers and others who ‘would like to settle accounts with Syria.’” Altogether, the first two or three paragraphs of Gladstone’s article can be read in terms of logic as “X, not X.” Of course, the first X gets more attention, so the article gives the impression that the UN did something powerful when in fact the exercise was one of exposing the impotence of the world body.

The full essay is at "The Fecklessness of the UN."

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."

The UN Court Obviating War: The Ruling on Kosovo's Independence

The UN’s highest court ruled in 2010 that Kosovo’s declaration of independence from Serbia did not break international law. President Hisashi Owada of the International Court of Justice said international law contains no ”prohibition on declarations of independence” and therefore Kosovo’s declaration ”did not violate general international law.” Kosovo’s statehood had been recognized by all of the United States and most of the States of the EU.

The full essay is at "UN Court on Kosovo: Avoiding War."

The International System: Undermining a Ban on Nuclear Weapons

The 2017 Nobel Peace Prize went to the International Campaign to Abolish Nuclear Weapons for the group’s work on behalf of a global ban on nuclear weapons. Just a few months earlier, two-thirds of the U.N.’s General Assembly approved the Treaty on the Prohibition of Nuclear Weapons. “The risk of nuclear war has grown exceptionally in the last few years, and that’s why it makes this treaty and us receiving this award so important,” Beatrice Fihn of the group said.[1] Unfortunately, the stance to ban rather than merely limit nuclear weapons was already being marginalized as utopian and even potentially counter-productive even though ongoing efforts to limit the proliferation were falling short. I submit that the international system itself had become problematic, given the relatively new global threat of nuclear war.  

1.  Michael Birnhaum of the Washington Post, October 6, 2017. 

The full essay is at "A Ban on Nuclear Weapons."

International Response to a Chemical Attack in Syria: Beyond the U.N.

In the wake of the chemical-weapons attack in Syria on March 4, 2017, Russia blocked a condemnation and investigation into the source by vetoing the U.N. Security Council resolution. Meanwhile, the American administration’s view of the Syrian government was shifting. President Trump told reporters, “my attitude toward Syria and Assad . . . has changed very much.”[1] Cleverly, the American president would not disclose whether the United States would respond against the Syrian government. The question of whether an empire like the U.S. or an international organization like the U.N. should respond hinged on the question of whether the latter was institutionally hamstrung on account of the power of national sovereignty in the organization. In short, if the U.N. was impotent, then the moral imperative could shift to the major powers in the world, such as China, Russia, the E.U., and the U.S.

 U.S. Ambassador Nikki Haley presenting evidence of the chemical attack in Syria.

(Source: Drew Angerer/Getty Images)

The full essay is at "Beyond the U.N."

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1. Michael D. Shear and Peter Baker, “Trump’s View of Syria and Assad Altered After ‘Unacceptable’ Chemical Attack,” The New York Times, April 5, 2017.

Aleppo, Syria: A Complete Meltdown of Humanity

War is hell; everybody knows that. A ruling power of a government intent on depriving civilians of life during a civil-war battle in a major city can go beyond the typical battle casualties to cause what the U.N. has called a “complete meltdown of humanity.”[1] One question on the minds of civilians in rebel-controlled areas of Aleppo in Syria in December, 2016 was whether even eventual charges of war crimes and crimes against humanity were enough. From this standpoint, the world was shirking a basic human responsibility in not intervening to stop the intentional killing of civilians. Had the facts on the ground made going after war criminals after the fact a meager excuse for not having acted in real time? Does the world, in other words, have a duty to step in when a government has turned on its own people—not counting soldiers and their suppliers, or does internal affairs encompass even such governmental conduct?


The full essay is at "A Complete Meltdown of Humanity"

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1. Reuters, “Battle For Aleppo Ends as Rebels Agree to Ceasefire,” The World Post, December 13, 2016.

The American-Iranian Agreement: Moving Mankind Past War

In an epoch of technological development, the relative dearth of political development as concerns international relations has been evident. In June 2015, Pope Francis advocated the establishment of a global institution having governmental sovereignty with which to combat the human contribution to climate change. Such a political development would be significant, given the long-standing default of sovereign nation-states and unions thereof. In July 2015, U.S. President Barak Obama announced an agreement with Iran that would keep that nation-state from develop nuclear weapons in exchange for the removal of economic sanctions. Just three years earlier, war had seemed unavoidable. I submit that Obama’s accomplishment can be thought of as a step toward rendering war itself as obsolete, or at least perceiving it as a primitive means of resolving disputes internationally. More subtly, the feat makes the sheer distance between the premises of war and those of diplomacy transparent. Paradoxically, this insight implies just how difficult a shift from a war-default to one that takes war as obsolete must be.

The full essay is at “The American-Iranian Agreement Obviating War.”

Pope Francis on Climate Change: The Mutually-Reinforcing Impacts of Power, Wealth, and Culture

Writing in 2015, Pope Francis addressed the problem of climate change and suggested what he, or the Vatican more broadly, considered to be necessary systemic changes on the road to recovery. In the encyclical, the patient may be human nature itself—specifically, its self-destructive propensity and trait of power-aggrandizement. In other words, we had lost control of our built-up (i.e., artificial) societal systems and structures, which could wind up strangling us in their protection of the status quo. In this essay, I discuss the Pope’s portrayal of the problem of climate change from the standpoints of culture, power, and wealth. I then address the feasibility of the Pope’s prescription.

The full essay is at “Pope Francis on Climate Change.”

National Leaders Lag Global Crises: A Systemic Explanation

Surveying the world on August 19, 2014, the UN’s Secretary-General, Ban Ki Moon, claimed that the greatest humanitarian crises in the history of the United Nations were outstripping any solutions coming from the organization’s members. World leaders, he said, “have to sit down together with an open heart to negotiate in the interests of their people,” Ban said.[1] Yet there’s the rub, for even though the Secretary-General avoided the point (perhaps because it implies structural reform at the UN), national officials acting in the interest of their respective citizens do not necessarily have an interest in coming together with other such officials to take care of the mammoth human external costs of countries at war with themselves.

The full essay is at “National Leaders Lag Global Crises”

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[1]Oren Dorell, “U.N. Chief: Crises at New High,” USA Today, August 20, 2014.

Democratic Tyranny: The Case of Ukraine

Is democratic tyranny an oxymoron? If it were, why then did the delegates at the American Constitutional Convention go to such pains to carve up public or governmental power between the states and the federal government, as well as between three “arms,” or “branches,” of the federal government. Moreover, pitting ambition against ambition points to just how dangerous ambition itself can be. When it is legitimated under the auspices of democracy, democrats may have trouble coming up with justifications for removing a democratically-elected tyrant. In this essay, I draw on the case of Ukraine in early 2014 to suggest a few possible rationales.

Would it make a difference if the protesters were hitting other citizens rather than governmental forces? (Image Source: GlobalPost)

On February 19, 2014, violence erupted between the police and the protesters bent on toppling the democratically-elected president. Twenty died on that day, and over seventy on the following day. While it might be tempting to focus on “who started it,” a higher-yielding strategy goes after the means used by the government to end the protests. Such means need not involve violence. For example, after the second day of violence raging in Kiev, the president took part in a fruitful “all-nighter” negotiation session with the protest leaders and E.U. officials. 

To be sure, the president had an incentive to negotiate then, for his backing in the parliament was weakening. Violence rather than compromise had been his preference. Behind the scenes, the government had been paying titushki men to attack protesters whether they were being violent or not. Heather McGill of the Europe and Central Asia Regional Program at Amnesty International points to various reports of armed men carrying bats and other makeshift weapons roaming around Kiev in organized groups and attacking citizens presumed to be protesters.[1] “(W)e have seen interviews with titushki where they admitted they were being paid—there is definitely a body of young, athletic men being paid by the government.”[2] This practice obviously goes well beyond hiring people as counter-protesters, and this distinction is vital in forming an argument founded on human rights that can be used as a basis to re-conceptualize national sovereignty as inherently limited rather than absolute.

Specifically, in sanctioning payments to young athletic men tasked with hurting and even killing citizens who are not being violent at the time of attack, the Ukrainian president violated his governmental obligation to protect the citizenry. This duty goes back to the social contract between kings and subjects wherein the latter agreed to be ruled by the former, who in turn obligated himself to protecting the subjects. This social contract survives in the norm held around the world that a government is obliged to protect its citizenry (including residents). Put another way, a government that violently turns on its own people is typically viewed as having over-reached in a way that violates a major postulate of its monopoly on legitimate force. When people are themselves being violent against each other or their respective property, or are destroying public property, military or police force does not involve such a violation of the conditions of governmental sovereignty because protecting the citizenry includes stopping violence within the citizenry and a government acts legitimately to protect public goods.[3]

Besides being a case of over-kill, paying thugs to wander around Kiev (and other cities) to beat or kill citizens thought to have been in the protests or to be protesting non-violently at the time exceeds and thus violates a government’s legitimate use of force, which in turn comes out of the concept of governmental sovereignty and thus national sovereignty. Such a violation invalidates a government’s claim to the rights the sovereignty. Crucially, this human-rights and sovereignty based argument applies to any government official, regardless of how he or she gained power. Hence, tyranny invalidates even a democratically-elected government. Just as governmental and national sovereignty are subject to limits based on the normative social contract and the human right to life (which itself may be limited by committing violence), democratic government also faces limits at the expense of unlimited license.

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[1] Olga Rudenko and Jennifer Collins, “Thugs Said to Roam in Ukraine,” USA TODAY, February 20, 2014.

[2] Ibid.

[3] I am assuming here that the case of citizens paid by the government to inflict harm on other citizens pertains to governmental power rather than violence between citizens.