perception wrote:To take this further as an afterthought-----Since the objective is the removal of a dictator who has inflicted the genocide, is it essential to try the thug in abstentia in a world court before any action could or should be taken?
If we presume that there is an ethical ground for intervention (we'll ignore, for the moment, any political or legal justifications, since we're focusing on morality here), then there are three reasons for trying the dictator rather than doing something else with him (such as summarily executing him).
1. Because the intervening state has undertaken some type of promise (e.g. a treaty, a pledge to allies, a declaration of war aims) to put this dictator on trial;
2. Because the intervening state is bound by a general law (e.g. the law of nations) to put
all such dictators on trial; or
3. Because the intervening state deems it
prudent to put this dictator on trial.
The third rationale can be easily disposed of: as it is the product of a prudential calculus, it does not bind the intervening state as a matter of
ethics.
The first and second, however,
ethically bind the intervening state to put the dictator on trial. A state, like an individual, is bound to keep its promises, so it cannot enter into a treaty and then break it whenever it gets its hands on even the most brutal dictator. Likewise, if a state adheres to the law of nations, acting contrary to that law is much like a broken promise, in this case a broken promise to every other nation (because international law is not "binding" in the same fashion as domestic law, it's more like a promise than a legal obligation). Breaking international law, then, is much like contravening Kant's categorical imperative: a state cannot break the law if it wouldn't want every other state to follow, as that would be the end of international law itself.
perception wrote:How valid is it to try anyone in abstentia?
It happens. If all the rules are followed, it's valid.
perception wrote:Many people here have an absolute intolerance for any thought regarding the removal of a Dictator who has seized power illegitmately (By military coup or any manner other than by consent of a majority of the people ). Do you believe this criminal is untouchable?
It depends. A state cannot act as if its actions affect only the dictatorial regime (negatively) and the oppressed people (positively). It must, instead, look at all the possible ramifications of intervention -- practical, political, legal, and moral. Look at it this way: am I justified in putting out an isolated house fire by destroying an upriver dam? Surely the house fire is an evil, and putting out house fires is, in general, a good thing. But destroying the dam is a greater evil, and its destruction affects far more people than the initial house fire. And even if I have a great deal of sympathy for the people in the house and rightly grieve for their fate, and even if I can point to my handiwork afterwards and say that the house and its inhabitants are far better off after I destroyed the dam, I am also obligated to see to it that my actions, laudable though they may be in the abstract, are not disastrous in their overall consequences.
perception wrote:What is so sacrosanct about sovereignty when the majority of the people have been imprisoned against their will and are crying out for assistance from the outside world?
In international society, states are like individuals. The society of states is a very small society -- less than 300 members. As such, acting against a state is like an individual in a very small community acting against another individual. Not only do the consequences of an action usually reverberate more profoundly in a small, closed community, but any violation of the norms is usually more disruptive. And, taking a Kantian perspective, any violation of sovereignty by one nation is an open invitation to all other nations to act in precisely the same fashion.
Nations, then, are not necessarily "helpless" in the face of a brutal dictator. Rather, they are "restrained" by practical, political, legal, and moral considerations.