Wednesday, February 10, 2016

The three unaccountable giant human rights violators - the U.S., Russia and China

It is truly a trick question - name one very large country that repeatedly engages in violation of human rights, nationally and internationally, and refuses to be held accountable by international courts.

It is the United States of America, the land of the free.

United States did not consent to the jurisdiction of the International Criminal Court or to the jurisdiction of the United Nations Court on human rights.

This way, the U.S. does not allow itself to be accountable for international war crimes - think Vietnam, think drone strikes on civilians, think invasion of Iraq on false pretenses and killing hundreds of thousands of civilians there, think Abu Graib, think Guantanomo, think using other countries for torture or assassinations of people by executive orders.

As to violations of human rights inside its own country, think starving inmates, think wrongful convictions and executions, think executions by torturous drugs, think police brutality, think social services' fascism, think judicial and prosecutorial misconduct, think blocking remedies for human rights violations at the very first level by a variety of judge-invented "immunities, abstentions" and other bars.   

And, think unavailability to Americans whose human rights are violated, such a remedy (available to people in other countries) as suing the United States in the United States human rights court where United States is participating in judging other countries for human rights violations, but does not allow to sue itself - by refusing to fully ratify the International Convention of Political and Civil Rights.

The other two large countries similarly engaged in violations of human rights and similarly refusing to consent to jurisdiction of international courts are Russia and China.

To be sure, until recently, Russia did consent to the jurisdiction of the European Court of Human Rights.  That consent was part of being considered to join the European Union.

And, under the jurisdiction of ECHR, awards of the court against Russia would make many Americans who have suffered constitutional violations (which are violations of human rights) envious - because their claims are dumped, often with sanctions against the victims, and no similar remedy, such as ECHR, is available to Americans.

I wrote about ECHR and awards of ECHR against Russia and other countries giving complainants remedies for human rights violations that are unavailable to Americans.

Now such awards are unavailable to Russians, too.

Russia has followed our "land of the free" (made in its arguments not to ratify the International Convention for Political and Human Rights), and refused to comply with orders of ECHR - because, in the view of Russian government, such orders contradicted the Russian Constitution.

Of course, no Constitution (not Russian, not the U.S.) should allow human rights violations - which is what the U.N. human rights court and the ECHR are prosecuting - but that argument was lost in the avalanche of words justifying the unjustifiable.

And, the topic that led Russia to defy ECHR and refuse to consent to its jurisdiction is - guess what - an order of ECHR ruling that Russia violated human rights of its citizens by allowing spying (electronic surveillance) on them.

The sad irony of this is that Russia gave an asylum to Edward Snowden who has fled from the U.S. after leaking information that the U.S. was engaged in an identical human rights violation against its own citizen - and, of course, that human rights violation is not subject to judicial review of any international courts, the U.S. government has made sure of that.

And, after Snowden's leaks, no criminal proceedings were brought against any U.S. government officials involved in illegal surveillance of Americans.

Russia, China and the U.S. are fiercely implanting into their citizenry the ideas of patriotism and equate that idea with loyalty to the government - the same government that spies on its own people, violates their human rights and refuses to be held accountable by the victims or to give the victims access to international courts, for at least a chance for impartial review of their claims.

And while this remains the main problem of the country - no remedies for the human rights violations of the ever-growing government, the country is more involved in the entertaining circus of the forthcoming presidential elections, where most candidates are pushing for even bigger government - of course, for everybody's good.

Right.

 



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