My friend Damon Linker has a new piece for The Week arguing that George W. Bush, Dick Cheney, and Condoleezza Rice cannot be war criminals, because the laws they are accused of violating are merely “international law,” which is no law at all:
[I]t’s inaccurate to describe these rules and regulations as laws. They are, strictly speaking, bilateral and multilateral treaties between and among governments.
Laws, by contrast, are written, enacted, and executed by governments, and they apply exclusively to those residing within territorially defined political communities (be they city states, nations, or empires). Citizens of liberal democracies hold, moreover, that laws gain legitimacy — and become binding — only with the consent of the governed. And that standard is (tacitly) met only when the laws have been crafted by the people’s democratically elected representatives.
“International law” fulfills none of these requirements.
Treaties among governments are still written and enacted…
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