Commentary Magazine


Topic: Clive Baldwin

Human Rights Watch: The World Needs More Corrupt and Politicized “International Justice”

Predictable, of course. Clive Baldwin, a “senior legal adviser” to HRW, finds it “most embarrassing of all” that the British attorney general “gave a speech in Jerusalem on 5 January declaring that the government was ‘determined that Israel’s leaders should always be able to travel freely to the UK.'”

Can’t have that, can we?

This really isn’t about international justice, of course. It’s about the desire of many human-rights activists — today they unfortunately are almost exclusively drawn from the far Left — for more political power. Here’s how the international justice game is played:

Groups like HRW rely on fraudulent or biased testimony in Gaza and Lebanon (or Iraq) combined with creative interpretations of the “laws of war” to produce claims of war crimes; these claims are received as legitimate and trustworthy in UN bodies, among allied NGOs, and in the international press; activist lawyers use the now-laundered allegations to file universal jurisdiction lawsuits with sympathetic British judges; arrest warrants are issued. But then government officials recognize the awful reality of this politicized little merry-go-round and speak out against the practice — prompting HRW to protest that politicians are interfering in the independence of the court system. Chutzpah.

There are at least a few people left in the UK who understand the perniciousness of “universal jurisdiction.” One is MP Daniel Hannan, who wrote a terse seven-point refutation of the idea yesterday (h/t Andrew Stuttaford):

1. Territorial jurisdiction has been a remarkably successful concept. Ever since the Treaty of Westphalia in 1648, it has been broadly understood that crimes are the responsibility of the state where they are committed. … Western liberals might say: “Since Karadzic won’t get justice in Serbia, he should get it at The Hague.” But an Iranian judge might apply precisely the same logic and say: “Adulterers in Western countries are going unpunished: we must kidnap them and bring them to a place where they will face consequences”. …

2. International jurisdiction breaks the link between legislators and law. Instead of legislation being passed by representatives who are, in some way, accountable to their populations, laws are generated by international jurists. …

7. The politicisation of international jurisprudence seems always to come from the same direction: a writ was served against Ariel Sharon, but not against Yasser Arafat. Augusto Pinochet was arrested, but Fidel Castro could attend international summits. Donald Rumsfeld was indicted in Europe, but not Saddam Hussein.

What you’ll always find about the international-justice hustle is that its proponents never explain how these fatal problems can be resolved. In this case, the problems, of course, are the solutions. That’s because universal jurisdiction isn’t about justice. It’s about power.

Predictable, of course. Clive Baldwin, a “senior legal adviser” to HRW, finds it “most embarrassing of all” that the British attorney general “gave a speech in Jerusalem on 5 January declaring that the government was ‘determined that Israel’s leaders should always be able to travel freely to the UK.'”

Can’t have that, can we?

This really isn’t about international justice, of course. It’s about the desire of many human-rights activists — today they unfortunately are almost exclusively drawn from the far Left — for more political power. Here’s how the international justice game is played:

Groups like HRW rely on fraudulent or biased testimony in Gaza and Lebanon (or Iraq) combined with creative interpretations of the “laws of war” to produce claims of war crimes; these claims are received as legitimate and trustworthy in UN bodies, among allied NGOs, and in the international press; activist lawyers use the now-laundered allegations to file universal jurisdiction lawsuits with sympathetic British judges; arrest warrants are issued. But then government officials recognize the awful reality of this politicized little merry-go-round and speak out against the practice — prompting HRW to protest that politicians are interfering in the independence of the court system. Chutzpah.

There are at least a few people left in the UK who understand the perniciousness of “universal jurisdiction.” One is MP Daniel Hannan, who wrote a terse seven-point refutation of the idea yesterday (h/t Andrew Stuttaford):

1. Territorial jurisdiction has been a remarkably successful concept. Ever since the Treaty of Westphalia in 1648, it has been broadly understood that crimes are the responsibility of the state where they are committed. … Western liberals might say: “Since Karadzic won’t get justice in Serbia, he should get it at The Hague.” But an Iranian judge might apply precisely the same logic and say: “Adulterers in Western countries are going unpunished: we must kidnap them and bring them to a place where they will face consequences”. …

2. International jurisdiction breaks the link between legislators and law. Instead of legislation being passed by representatives who are, in some way, accountable to their populations, laws are generated by international jurists. …

7. The politicisation of international jurisprudence seems always to come from the same direction: a writ was served against Ariel Sharon, but not against Yasser Arafat. Augusto Pinochet was arrested, but Fidel Castro could attend international summits. Donald Rumsfeld was indicted in Europe, but not Saddam Hussein.

What you’ll always find about the international-justice hustle is that its proponents never explain how these fatal problems can be resolved. In this case, the problems, of course, are the solutions. That’s because universal jurisdiction isn’t about justice. It’s about power.

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