US OVERSEAS INTERVENTION IS ALWAYS LEGAL !
The US Secretary of State John Kerry, talking today observed that the Libyan action was 'legal and appropriate'. Yet this begs the question as to whether 'undeclared' US overseas intervention into the affairs and the citizens of other nation-states is lawful and warranted? The State department would argue that they did not seek permission or inform the respective governments since they did not trust that this information would remain confidential, moreover, in capturing individuals such as Anas al Liby that they were acting in 'self defence' - a legal action recognised by UN charter - and/or capturing a 'wanted man' that had already committed crimes against the US. Therefore, do these actions translate into 'because the US has the ability and facility to trap and trace these individuals that they have the right as well as the might to act in this manner'? Will this man be accorded the rights of an arrested civilian individual? Does the US in effect possess an uncontested international warrant to arrest who they wish, when they wish? Will Al Liby be tried in a US civilian court? Or should he be brought before a court in his own country? Does all this matter since if the US has identified these individuals then surely they are responsible for the terrorists acts outlined and confirmed by the Justice Department ? Hence, the process becomes somewhat irrelevant, the ability to stop these individuals becomes the only real principle !
However....
If we continue to argue that the 'Western World' led by the US offers a 'exceptional' sense of freedom that is linked to the legal rights and responsibilities of the individual and this is why we fight against the destructive forces of terrorism then is it not also true that our behaviour overseas should be measured in a manner that supports this claim? After all is it not also worth observing that the continued sustainability of our 'social model' is ultimately decided by its sustained legal and moral legitimacy?
KK