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by rkeene2 159 days ago
So a thought experiment: If China were to put out a warrant for Trump's (the most unpopular president in US History, someone the majority of Americans disapprove of, a convicted criminal, and a pedophile who raped young people and has not been brought to account for these crimes as of yet) under the pretense that some of his victims were Chinese nationals and then invaded the Whitehouse to forcibly remove him to China, would that also be legal and justified ? What would you expect the reaction in the US to be ?

To be very clear I do not support this -- out leaders should be held to account to their people, not foreign invaders deciding for us. Even if it seems unlikely that they ever will be, it's our process and people.

This argument doesn't really hold water because the jurisdiction of a nation isn't the whole world.

If we have a warrant for a Sovereign or someone else with Diplomatic Immunity we -- at the very least -- should not invade their territory to carry it out. That's not how the civilized society works, and that's not how we want it to work as evidenced by the thought experiment above.

If we are at war with a nation or people, and reject the premise of their fundamental sovereign or diplomatic nature of course it's a different story since we are talking about a fundamental disagreement of reality. There's a separate process for that weighty decision by the US people's representatives.

1 comments

well, there are ICC warrants. They do ignore diplomatic immunity. And opinion of many people that, for example, Netanyahu should be at least arrested if he lands in Europe and at most "somebody" should send extraction team to kidnap him
It seems like we should not invade another sovereign country unless we are at war -- a weighty process we should undergo because it's how the will of the people manifest in power.

The US isn't a participant to the ICC, so I'm not sure what exactly your implication is... ?

I do not think we should invade Israel and kidnap their leader. I believe the people of that country should self-govern within their sovereign rights. I don't think China should invade the US and kidnap it's leader. I believe the people of the US should self-govern within their sovereign rights. I don't believe the US should invade Venezuela and kidnap their leader. I believe the people of Venezuela should self-govern within their sovereign rights.

i was pointing out that diplomatic immunity (of head of state) that you mention is trashed by ICC warrants (in countries who are party to it. i.e. good chunk of europe).

so, in the moment that something as basic as diplomatic immunity can be violated by warrants for investigation (not for trial), invading another country to arrest somebody based on warrants that you had issued domestically is not that big of leap

You are talking about a after a country has decided that they want to participate in the this process by ratifying their participation intentionally. How does this relate to a unilateral invasion ?
Vienna Convention (1961): This treaty standardized the rules, making diplomatic immunity a binding obligation for its over 190 signatory nations

And then comes ICC (via Rome statue, ratified by 125 countries and half a dozen of them in process of withdrawal) and trashes with it warrants diplomatic immunity.

So in case international law/treaty from 1961 is all of sudden not binding, why wouldn't uniliteral invasion (actually it looks like it more of arrest operation) (which is probably prohibited by some other international treaties) not be ok ?

I do not understand the point you are making. You cite a treaty that countries explicitly agree to protect diplomats while they are guests in another country -- I'm not sure what relationship this has with one sovereign nation using force to rendition someone from another country.

The only country that has agreed to the terms of the ICC here is Venezuela -- but there is no ICC arrest warrant for anyone involved, nor is the US acting on behalf of the ICC nor does it have any authority to do so.

The invasion (which was required to perform the arrest, since it was within the territory) was definitely an invasion and morally wrong.

As noted several times, there are many ways that this could have been done that are in accordance with civil society it. It wasn't, and that is bad.