Category: International Law

  • Iran Executes First Protestor Linked To Ongoing Revolution

    Iran Executes First Protestor Linked To Ongoing Revolution

    Iran has executed a man for allegedly injuring a paramilitary officer in the first known execution linked to revolution that have swept the country since September, state media reported on December 8. Mizan Online, a news agency affiliated with Iran’s judiciary, and the semi-official Tasmin news agency both named the protester as Mohsen Shekari. He was reportedly convicted of “waging war against god” for allegedly stabbing a member of the Basij paramilitary force at a protest in Tehran on September 23. Shekari was sentenced to death on October 23, and executed by hanging on December 8, according to Mizan Online. It was the first execution connected to the protests to be publicly reported by state media.

    Iran Human Rights, a non-profit rights organization that has members inside and outside the country, has called for a strong international response to the execution. “His execution must be met with the strongest possible terms and international reactions. Otherwise, we will be facing daily executions of protesters who are protesting for their fundamental human rights,” the group’s director Mahmood Amiry-Moghaddam said in a statement. Amiry-Moghaddam said that Shekari was executed without any due process or access to a lawyer of his choice in a “show trial” by the Revolutionary Court.

    Several European governments strongly criticized Iran for the execution. German Foreign Minister Annalena Baerbock said in a tweet that Shekari “was tried and executed in a perfidious rushed trial for disagreeing with the regime.” “The Iranian regime’s inhumanity knows no bounds,” she said. “But the threat of execution will not suffocate people’s desire for freedom.” French foreign ministry spokeswoman Anne-Claire Legendre said France condemned the execution in the “strongest terms” and “reiterated its strongest commitment to the right to peaceful protest.” She said the demands by the protesters are “legitimate and must be heard.” British Foreign Secretary James Cleverly said he was “outraged by the tragic news of the first execution of a protestor in Iran,” while the foreign ministry of the Czech Republic, which currently holds the rotating presidency of the European Union, described the news as “appalling,” and said “the Iranian regime uses outrageously disproportionate penalties to instill terror in its population.”

    Several Iranians have been sentenced to death by execution during the nationwide protests, which were sparked by the death of 22-year-old Mahsa Amini after she was apprehended by the state’s morality police for allegedly not wearing her hijab properly. Her death touched a nerve in the Islamic Republic, with prominent public figures coming out in support of the movement, including top Iranian actor Taraneh Alidoosti. The protests have since coalesced around a range of grievances with the authoritarian regime. 

    According to Amnesty International, as of November, Iranian authorities are seeking the death penalty for at least 21 people in connection with the protests. Approximately 500 people at least have been killed in the unrest since September, according to Norway-based Iran Human Rights organization. Since the demonstrations began, authorities have unleashed a deadly crackdown, with reports of forced detentions and physical abuse being used to target the country’s Kurdish minority group. Meanwhile, Iran’s Supreme Leader (dictator)Ayatollah Ali Khamenei has praised the Basij, a wing of Iran’s Revolutionary Guard, for its role in the crackdown, describing the protest movement as “rioters” and “thugs” backed by foreign forces.

  • Iranian “Parliament” Urges Judiciary To Sentence Protesters To Death

    Iranian “Parliament” Urges Judiciary To Sentence Protesters To Death

    A group of 227 members of the Iranian parliament (Majles) has called on the Judiciary to issue death sentences for people arrested during the ongoing anti-government protests. A few token Iranian “reformists” and members of the ultra-conservative branch of the Iranian Principlist political alliance make up the majority of the parliament, which was chosen in a non-competitive, sham vote in February of 2020. The demonstrators were referred to as “mohareb” in a declaration that was read aloud in the parliament on November 6. This Arabic word literally translates to “warrior,” but in Islamic law, or sharia, it signifies “enemy of God,” which is punishable by death. Additionally, they compared the demonstrators to ISIS fighters who “destroy people’s lives and property.” For taking part in the demonstrations, thousands of individuals have already been accused by the Iranian government of “moharebeh,” “corruption on earth,” “assembly and cooperation against national security,” and “confrontation with the Islamic Republic.”

    The Iranian parliament baselessly alleged that “the US and other foes” are instigating violence, organizing demonstrations, and supplying financial assistance and firearms to hijack the protests while referring to the current wave of popular protests as “riots.” In addition, they claimed that “thugs and mobs” had killed dozens of people and compromised national security. Reiterating the official narrative of the Islamic Republic, the parliamentarians said that because “victories of the Islamic Republic” had been achieved in Iraq, Syria, Palestine, Lebanon, and Yemen, the “riots” were a response to “enemies of the Islamic Republic” having been vanquished in those countries. The ultra-conservative legislators also requested that the court pursue legal action against “the politicians who incited the riots” without naming any specific people or organizations.

    Speaker of the House Mohammad Bagher Ghalibaf claimed earlier in the session that the key players in the country’s discontent are the CIA, Mossad, and their allies. Hardliner parliamentary member Mohammad Esmail Kowsari, who is also a senior Islamic Revolutionary Guard Corps (IRGC) officer, impliedly threatened late in October that the government will handle the current demonstrations differently going forward.

    While protests continue across Iran, the Islamic Republic’s Judiciary has also announced that it has indicted over 1,000 people who were arrested during the demonstrations. Authorities have been claiming that “separatists” and “instigators” are behind the efforts to overthrow the government and break Iran into areas controlled by ethnic groups, a claim routinely denied by Iranians on streets and social media. The claim that protests are instigated by foreign enemies was first made by Supreme Leader Ali Khamenei and loyal officials now repeat his conspiracy theory.

    President Ebrahim Raisi on October 25 accused “enemies of the Islamic Republic” of fomenting the protests, echoing what Khamenei said a day earlier. Parliament Speaker Mohammad-Bagher Ghalibaf in turn vowed that parliament would take action to change the ways of the morality police in a bid to calm the protesters. “Death sentences against people for exercising their right to freedom of expression, after the killings of peaceful protesters, abductions and gunning down children, and other atrocities, indicate a government that is out of control and willing to quash protests at any cost,” said a statement by Center for Human Rights in Iran. The Norway-based human rights organization also expressed concern regarding the fate of the detained protesters saying, “dozens of them have been charged with the security-related charges of “moharebeh” and “corruption on earth” which carry the death penalty.” The Islamic Republic’s history and current evidence indicate that they intend to use the death penalty as a tool of political repression to intimidate their opposition.

    Since the death in custody of Mahsa Amini, a 22-year-old Iranian of Kurdish descent who had been detained on September 13 for violating the Islamic dress code and died three days later from severe head trauma, Iran has been rocked by protests. Mahsa was accused of violating the Islamic dress code. Public indignation after a crackdown that resulted in the deaths of additional young men, women, and children expanded protests. Seven weeks later, the demonstrations are still going strong.

  • President Joe Biden Begins Process To Close Down Guantanamo Bay Military Prison

    President Joe Biden Begins Process To Close Down Guantanamo Bay Military Prison

    President Joe Biden’s aides have launched a formal review of the US military prison at Guantanamo Bay in Cuba, reviving the Obama-era goal of closing the controversial facility with the aim of doing so before he leaves office, the White House said on February 12. Aides involved in internal discussions are considering an executive action to be signed by President Biden in coming weeks or months, two people familiar with the matter told Reuters, signaling a new effort to remove what human rights advocates have called a stain on America’s global image. Asked whether President Biden would shut the high-security prison located at the Guantanamo Naval Station by the time his presidency ends, White House spokeswoman Jen Psaki told reporters: “That certainly is our goal and our intention.” But such an initiative is unlikely to bring down the curtain anytime soon on the offshore facility, due largely to the steep political and legal obstacles that also frustrated efforts by his ex-boss, former President Barack Obama, to close it.

    Set up to house foreign suspects following the 9/11 attacks on New York and Washington, the prison came to symbolize the excesses of the US “war on terror” because of harsh interrogation methods that critics say amounted to torture. “We are undertaking an NSC process to assess the current state of play that the Biden administration has inherited from the previous administration, in line with our broader goal of closing Guantanamo,” National Security Council spokeswoman Emily Horne told Reuters, which was the first to report that the review was underway. “The NSC will work closely with the Departments of Defense, State, and Justice to make progress toward closing the GTMO facility, and also in close consultation with Congress,” she added.

    The immediate impact of a new approach could be to reinstate, in some form, former President Barack Obama’s Guantanamo closure policy, which was reversed by former President Donald Trump as soon as he took office in 2017. Trump kept the prison open during his four years in the White House. Now, 40 prisoners remain, most held for nearly two decades without being charged or tried. President Joe Biden’s campaign said during the 2020 race that he continued to support closing the detention center but did not say how he would do it. It is also unclear how specific Biden’s coming executive action might be about his plans for the prison, which holds suspects in the 9/11 attacks among its detainee population. “This is an encouraging and much welcome development,” said Scott Roehm, Washington director of advocacy group The Center for Victims of Torture. “The process needs to move quickly.”

    Opened under former President George W. Bush in 2002, Guantanamo Bay’s population grew to a peak of about 800 inmates in 2006 before it started to shrink. Former President Barack Obama whittled down the number further, but his effort to close the prison was mainly stymied by Republican opposition in Congress. The federal government is still barred by law from transferring any inmates to prisons on the US mainland. Even with his own Democratic party now controlling Congress, their majorities are so slim that President Joe Biden would face a tough challenge securing legislative changes because some vulnerable Democratic Senators might also oppose them.

  • US Appeals Court Rules In Favor Of President Trump’s Plan To Phase Out Immigrant Humanitarian Protections

    US Appeals Court Rules In Favor Of President Trump’s Plan To Phase Out Immigrant Humanitarian Protections

    A US Appeals Court on September 14 sided with President Donald Trump over his administration’s decision to end humanitarian protections for hundreds of thousands of immigrants, many of whom have lived in the US for decades. In a 2-1 ruling, a panel of three judges in the California-based 9thCircuit Court of Appeals reversed a lower court decision that had blocked President Trump’s move to phase out so-called Temporary Protected Status (TPS) for people from El Salvador, Haiti, Nicaragua, and Sudan. The ruling is expected to affect the status of people from Honduras and Nepal, who filed a separate lawsuit that was suspended last year pending the outcome of the broader case. The appeals court ruling means that those immigrants will be required to find another way to remain in the US legally or depart after a wind-down period at least until early 2021. Judge Consuelo Callahan, an appointee of former President George W. Bush, wrote in a 54-page opinion that the Trump administration decisions to phase out the protections were not reviewable and, therefore, should not have been blocked. Judge Callahan also rejected a claim by plaintiffs that President Trump’s past criticism of non-white, non-European immigrants influenced the TPS decisions. “While we do not condone the offensive and disparaging nature of the president’s remarks, we find it instructive that these statements occurred primarily in contexts removed from and unrelated to TPS policy or decisions,” she wrote.

    An attorney with the American Civil Liberties Union of Southern California, which represents plaintiffs in the lawsuit, said that they planned to seek another “en banc” review of the matter by 11 of the appeals court’s judges. The attorney, Ahilan Arulanantham, called the decision “deeply flawed” during a call with reporters, and said the case eventually could be appealed to the US Supreme Court, depending on the outcome of the request for a broader appeals court review. The termination of TPS for Haitians is also subject to separate litigation in the 2nd US Circuit Court of Appeals in New York. The appeals court heard arguments in that case in June but has not yet ruled.

    President Donald Trump has made his tough immigration stance a hallmark of his presidency and the 2020 re-election campaign against Democratic challenger Joe Biden. TPS allows foreigners whose home countries experience a natural disaster, armed conflict, or other extraordinary events to remain in the US and apply for work permits. The status must be renewed periodically by the Secretary of Homeland Security, who can extend it for six- to 18-month intervals. The Trump administration has argued that most countries in the program have recovered from the related disasters or conflicts, while the status has been renewed for years beyond its need.

    The Biden campaign has called the TPS decisions “politically motivated” and said that Joe Biden would protect enrollees from being returned to unsafe countries. Immigrants from El Salvador make up the largest group of TPS recipients, with an estimated 263,000 Salvadorans covered by the program. Still, a bilateral agreement will allow Salvadorans an additional year to stay in the US if the courts ultimately uphold Trump’s termination.

    https://youtu.be/sRZKpnbR8Pc
  • Iran Issues Arrest Warrant Against President Trump In Response To General Qasem Soleimani’s Killing By US Drone Strike

    Iran Issues Arrest Warrant Against President Trump In Response To General Qasem Soleimani’s Killing By US Drone Strike

    Iran has issued an arrest warrant for US President Donald Trump over the drone strike that killed a top Iranian general in January, as reported by Fars News Agency on June 30. President Trump is one of 36 people Iran has issued arrest warrants for in relation to the death of Qasem Soleimani, commander of the Islamic Revolution Guard Corps (IRGC), according to Fars, but the Tehran attorney general Ali Alqasi Mehr said President Trump was at the top of the list. Mehr claimed Trump would be prosecuted as soon as his term as President ends, Fars reported. Iran also said it had asked Interpol to issue a Red Notice for these 36 individuals, semi-official state news agency ISNA reported, though it was unlikely that Interpol would grant the request. In a statement to CNN, Interpol said it “would not consider requests of this nature.” It explained that it was not in accordance with its rules and constitution, which states “it is strictly forbidden for the organization to undertake any intervention or activities of a political, military, religious or racial character.”

    US Special Representative for Iran Brian Hook called the move a “political stunt” during a joint press conference with the Saudi Arabian Minister of State for Foreign Affairs Adel al-Jubeir on June 30. “It’s propaganda that we’re used to,” Hook said. “This has nothing to do with national security, international peace or promoting stability, so we see it for what it is — it’s a propaganda stunt that no one takes seriously and makes the Iranians look foolish,” he added.

    Qasem Soleimani was killed in a US drone strike at Baghdad International Airport in January along with five others, including Abu Mahdi al-Muhandis, the deputy head of the Iran-backed Iraqi Popular Mobilization Forces (PMF). The strike, condemned by Iran and its allies as an “assassination,” raised the specter of further regional destabilization. A spokesman for Iran’s judiciary, Gholam-Hossein Esmaili, announced in early June that an Iranian citizen had been sentenced to death for allegedly working for foreign intelligence agencies. Esmaili claimed that Seyed Mahmoud Mousavi Majd disclosed the whereabouts of Soleimani to US intelligence officials. The Pentagon blamed Soleimani for the deaths of hundreds of Americans and US allies in the months leading up to his killing. “General Soleimani was actively developing plans to attack American diplomats and service members in Iraq and throughout the region,” the Pentagon said at the time, calling the strike “decisive defensive” action aimed at deterring future Iranian attacks.

  • Google Analytics: Iranian, Chinese Hackers Targeted Biden & Trump Campaigns

    Google Analytics: Iranian, Chinese Hackers Targeted Biden & Trump Campaigns

    State-backed hackers from China have targeted staffers working on the US presidential campaign of Democrat Joe Biden, a senior Google security official said on June 4. The same official said Iranian hackers had recently targeted email accounts belonging to Republican President Donald Trump’s campaign staff. The announcement, made on Twitter by the head of Google’s Threat Analysis Group, Shane Huntley, is the latest indication of the digital spying routinely aimed at top politicians. Huntley said there was “no sign of compromise” of either campaign. Iranian attempts to break into Trump campaign officials’ emails have been documented before. Last year, Microsoft announced that a group often nicknamed Charming Kitten had tried to break into email accounts belonging to an unnamed US presidential campaign, which sources identified as Trump’s. Google declined to offer details beyond Huntley’s tweets, but the unusually public attribution is a sign of how sensitive Americans have become to digital espionage efforts aimed at political campaigns. “We sent the targeted users our standard government-backed attack warning and we referred this information to federal law enforcement,” a Google representative said.

    Hacking to interfere in elections has become a concern for governments, especially since US intelligence agencies concluded that Russia ran a hacking and propaganda operation to disrupt the American democratic process in 2016 to help then-candidate Donald Trump become president. Among the targets was digital infrastructure used by the 2016 Democratic presidential candidate Hillary Clinton’s campaign. The Russian government has denied any meddling. Attempts by foreign adversaries to break into presidential campaigns are commonplace but the unusually public attribution offered by Google is a sign of how sensitive Americans have become to digital espionage efforts aimed at candidates. “We are aware of reports from Google that a foreign actor has made unsuccessful attempts to access the personal email accounts of campaign staff,” a Biden campaign spokesman said. “We have known from the beginning of our campaign that we would be subject to such attacks and we are prepared for them.” The Trump campaign, the Chinese Embassy in Washington, and the Iranian mission to the United Nations in New York did not immediately respond to requests for comment.

    Charming Kitten, the group identified by Google as being responsible for the targeting of the Trump campaign, has also recently hit the headlines over other exploits, including the targeting of the pharmaceutical company Gilead Sciences Inc. Earlier this year, Reuters tied the group to attempts to impersonate high-profile media figures and journalists. John Hultquist, senior director of intelligence analysis with US cybersecurity firm FireEye Inc., described the two hacking groups as “espionage actors” and said they were likely attempting to collect intelligence rather than steal material to leak online.

  • What is Copyright Law?

    What is Copyright Law?

    A Copyright is a form of legal protection automatically provided to the authors of “original works of authorship,” including literary, dramatic, musical, and artistic works. The US Constitution authorizes Congress to “promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” The federal copyright law arises from the portions of this clause concerning “authors” and “writings.” Thus, copyright law exists to serve a specified utilitarian goal: to promote the progress of science and the useful arts. Copyright protection serves this goal by giving authors an incentive to create works that will benefit the public.

    The copyright owner has a right to exclude. For example, they may prevent other persons from reproducing, distributing performing, or publically displaying their work without their permission. Additionally, they may transfer their copyright to others and effectively destroy it by abandoning it.

    Many different types of works are protected by US copyright law including:

    • Literary works
    • Music and lyrics
    • Dramatic works and music
    • Pantomimes and choreographic works
    • Photographs, graphics, paintings, and sculptural works
    • Motion pictures and other audiovisual works
    • Video games and computer software
    • Audio recordings
    • Architectural work

    Despite the fact that many different types of creative works are copyrightable under existing federal law, several other creative works such as ideas are also not copyrightable. Only tangible forms of expression (e.g., a book, play, drawing, film, or photo, etc.) are copyrightable. Once you express your idea in a fixed form as a digital painting, recorded song, or even scribbled on a napkin, it is automatically copyrighted if it is an original work of authorship. Unfixed works that have not been recorded in a tangible, fixed form (e.g., a song you made up and sang in the shower), works in the public domain, titles, names, short phrases, and slogans; familiar symbols or designs; numbers, ideas and facts, processes and systems (e.g., the Dewey decimal system), and federal government works (e.g., the tax code) are not copyrightable under US law.

    The author/creator, their heirs assuming that the creator is dead, creators of a joint work, and anyone to whom the author/creator has given or assigned his or her copyright (e.g., an employer if the copyrighted work is created under a “work made for hire” agreement, a publisher or record company if the copyrighted work is given in exchange for a publishing or recording contract) are copyright owners under the law.

    With regards to recorded music, if a person writes a song and records it, that person is the creator and owns the copyright. But professionally produced music can have many copyright owners. For example, the copyright to a particular sound recording may be owned by the songwriter, the performer, the producer, a record label (i.e. the RCA-Victor, Columbia, Supraphon, Esta, etc.), a publisher, or a combination thereof. The 1976 Copyright Act extended the basic term for new works to the author’s life plus 50 years, whereas the 1998 Copyright Term Extension Act (CTEA) extended the terms of all existing and future copyrights by an additional 20 years.

    Generally speaking, any work published in the US prior to 1923 is now in the public domain, though recorded music going back to 1889 (the year in which Edison Records, then known as the North American Phonograph Co., released the first pre-recorded music on wax cylinder records) is now copyrighted due to the Music Modernization Act of 2018. Though all American music recordings going back to 1889 are potentially copyrightable under the Music Modernization Act, other works such as movies, comic books, etc. are not and the clock will start ticking again in 2020 when works made after 1924 will start trickling into the public domain.

    https://youtu.be/ho8QEJSF3YA
  • Russia, Ukraine Conflict Heats Up After A Year of Relative Calm

    Russia, Ukraine Conflict Heats Up After A Year of Relative Calm

    After a year of relative calm, the ongoing territorial disputes between Russia and Ukraine heated up late this week. On November 25, the Ukrainian navy said that Russian authorities closed off the Kerch Strait amid a confrontation with Ukrainian naval vessels. Earlier this year, the Russian government opened a 19-kilometer bridge across the strait, creating a road linking Russia’s Krasnodar region with the Crimean peninsula, which was annexed by Russia from Ukraine in 2014. In a statement released shortly after the incident, the Ukrainian ministry of defense said traffic through the strait had been blocked by a tanker anchored near the Kerch Strait bridge. Russian state news agency TASS, quoting Alexei Volkov, the general director of the Crimean seaports, said traffic through the strait had been closed for security purposes.

    The incident came amid a confrontation at sea between Ukrainian and Russian vessels. According to the Ukrainian navy, the naval vessels Berdyansk, Nikopol and Yani Kapu were carrying out a planned transfer from the port of Odessa to the port of Mariupol on the Azov Sea. Both countries offered differing accounts of what followed. The Russian Federal Security Service’s Border Service in Crimea reported that three Ukrainian warships had illegally entered Russia’s territorial waters, and were carrying out dangerous maneuvers, TASS stated. The Ukrainian navy said Russian border patrol vessels “carried out openly aggressive action” against the Ukrainian ships, resulting in damage to one Ukrainian ship, a navy tugboat.

    Overall, the current disputes between Russia and Ukraine show that the ongoing conflict between both countries is far from settled despite a decline in tensions over the past few months. The current territorial disputes between Russia and Ukraine can be traced back to early 2014 when the Obama Administration authorized the CIA to carry out a coup against the pro-Russian Ukrainian government led by Viktor Yanukovych. In response, Russian President Vladimir Putin ordered the Russian military to invade the Crimean region of Ukraine (which is home to a large Russian-speaking population) and annex the territory. Ever since the Russian annexation of Crimea, Ukraine has been embroiled in an endless conflict with Russia that has evolved into a proxy war between Russia and the US and its NATO allies. This recent incident shows that the localized conflict between Russia and Ukraine has the potential to turn into a major global conflict.

  • Ivanka Trumps SHOES!

    Ivanka Trumps SHOES!

    News Break folks, the newest fashions are in. Walking on poor people is the new style. In China, Ivanka Trump’s factory has been sighted for labor violations in a country with little labor laws. If you like poor people to suffer, expensive shoes and human misery, this brand is for you!

    Ivanka- Make America Walk Again (on poor people)

    Supplemental Readings
    https://www.theguardian.com/us-news/2017/jun/21/ivanka-trump-shoes-slated-for-production-at-china-factory-despite-brands-denial

    The U.S. Government Has Become the Ultimate Extension of Donald Trump’s For-Profit Brand


    The shoes if you like stomping on poor people
    http://www.zappos.com/p/ivanka-trump-liah-4-medium-pink-satin/product/8874792/color/53362?ef_id=V3XHhwAAAQ9QyjQo:20170623043121:s

  • The UN & Human Rights

    The UN & Human Rights

    A key area of interest among political scientists is the promotion of human rights and democracy at the international level. Over the past century, many countries in all regions throughout the world sought to create domestic democratic political systems with mixed results. In these cases, some countries transitioned towards democracy, while on the contrary, others slipped further towards authoritarianism. Some of the factors inhibiting the establishment of democratic governments and improve the protection of human rights worldwide include the role of the military, cultural and historical factors, and religious factors. Additionally, the structure of international institutions such as the United Nations often makes it difficult to effectively promote human rights and efforts at democratization at the international level. This paper seeks to explore the overall record of the UN in fostering democratic political reforms and human rights protections at the international arena and offers some suggestions regarding the future of these efforts.

    The UN has sought to improve the global protection of human rights and encourage the spread of democratic governments at the international level since its inception. Even though the UN Charter does not specifically address the issue of democracy on the global scale, the opening lines of the charter show that there is a direct link between the will of the people to the member-states and the legitimacy of the organization. Additionally, the UN Charter directly mentions human rights and states that the promotion of these rights is a major aspect of international policy. Democracy and human rights were also addressed through the Universal Declaration of Human Rights, adopted unanimously by the UN General Assembly in 1948.

    The UN further promoted the idea of political reform and human rights protection in the International Covenant on Civil and Political Rights (ICCPR). Adopted on December 15, 1966, the ICCPR puts forward the legal basis for the promotion of democracy under the international legal mechanism. The ICCPR enshrines freedom of expression, freedom of assembly, freedom of association, the right to vote and take part in public affairs, and universal suffrage as essential aspects of any international efforts to promote democracy. In addition to many different conventions and charters focusing on human rights and democracy, several committees within the UN focus on the effective promotion of human rights and democracy at the international level. These committees include the UN Human Rights Committee, United Nations Development Programme (UNDP), the United Nations Democracy Fund (UNDEF), and the Office of the High Commissioner for Human Rights (OHCHR), among many others.

    One of the main successes of the UN is its election-monitoring procedures.

    The UN has had some success in promoting democracy and human rights. An example of the UN furthering democracy is its monitoring of elections. Starting in the 1980s, the UN strengthened its election monitoring processes. The primary factor contributing to this change was the end of the Cold War, which resulted in an increase in democratization worldwide. This increase in democratization necessitated the need for the international community to monitor elections within newly-democratic states to make sure that they were in accord with international standards.

    One failure of the UN regarding human rights was its inability to adequately address the genocides in Bosnia and Rwanda during the 1990s. During the Rwandan genocide, the UN did little to prevent human rights abuses taking place within the country. The lack of political will among the members of the peacekeeping operations within the country and the lack of a vital national security interest in the country by the Security Council members prevented an effective response to the crisis. Additionally, the UN failed to address the ongoing human rights violations stemming from the Syrian Civil War. Like the response by the UN to the Rwandan genocide, the failure to address the human rights issues surrounding the Syrian conflict are attributed to political deadlock within the UN Security Council and the lack of will to address these issues head-on. These incidents show that much of the international community was reluctant at times to intervene to prevent human rights abuse.

    Permanent members of the UN Security Council such as the US, Russia, and China often veto resolutions that ultimately improve human rights protections and promote democracy.

    There are several factors that reduce the effectiveness of the promotion of democracy and the protection and upholding of human rights by the UN. One such reason is related to the structure of the UN Security Council. The UN Security Council has five permanent members and ten non-permanent members who serve two-year terms. The five permanent members have veto power over all resolutions passed by the Security Council. In recent years, members of the council such as Russia and China have vetoed several resolutions related to the Syrian Civil War. Additionally, the US used veto power over resolutions condemning the continued building of illegal Israeli settlements in the Palestinian territories.

    Another factor that hampers the promotion of human rights and democracy by the UN is the overall structure of the UN committee system. The structure of the UN committees allows countries with poor human rights records and undemocratic political systems to potentially serve on committees dealing with human rights. For example, China, Cuba, and Saudi Arabia were elected to sit on the UN Human Rights Committee despite being guilty of human rights abuses and having nondemocratic governments.

    Reform of the UN Security Council is one way to improve the human rights record of the UN.

    The record of the UN in promoting democratic reform at the international level and protecting human rights illustrates the need for lasting reforms within the UN. The central area of improvement is related to the structure of the UN Security Council. One such reform proposal is to limit the right of veto to national security issues. By restricting veto authority to matters related to national security concerns, the security council will be forced to put aside their political objections to human rights resolutions. Another reform proposal is to require the five permanent members of the security council to consult with other nations to get an agreement before using their veto power on resolutions. The official language of the UN charter hampers any efforts to implement changes to the UN Security Council. For example, Article 108 of the UN Charter states that the Five Permanent Security Council members have veto power over any proposed amendments to the UN Charter.

    Another proposal to improve the protection of human rights by the UN is to implement a grading scale for countries on various human rights issues to encourage improvements and progress. This approach will allow for a mare targeted approach to human rights violations while at the same time making sure that any changes are implemented in a way that is monitored easily by the international community. The UN should provide increased levels of support and development aid to countries that have improved their overall human rights record.

    Tunisia is an example of a country that can be a model for this proposal. For example, Tunisia typically ranked near the bottom regarding human rights before the ousting of its President, Zine El Abidine Ben Ali, in 2011. After Ali’s removal from power, Tunisia made a series of improvements regarding human rights and political freedom and today ranks as one of the Middle Eastern nations with the highest level of political freedom. By implementing this proposal, the UN can allow for permanent changes in human rights policy to be implemented.

    Restricting committee membership to countries with adequate human rights records is a plausible, yet discriminatory, measure to improve the UN’s human rights record.

    The structure of elections to UN committees dealing with human rights is an additional area in which reform is necessary. A possible solution in this area is to restrict elections to the human rights related committees to countries that have met the international requirements for human rights protection. One possible benefit from this proposal is that it will improve the effectiveness of the committees dealing with human rights and motivate countries to improve their human rights records. A problem with this proposal is that it is undemocratic in nature and prevents equal representation at the international level, thus going against the original intent of the UN as a fair and impartial body for international dispute settling.

  • US Policy Afghanistan,What You should Know

    US Policy Afghanistan,What You should Know

    Afghanistan, the United States, the Soviet Union, And Illegitimacy
    PS 401: Seminar in Political Science
    Fall 2016
    Marco Palladino
    (Work In Progress citations not cited properly due to format of blog- can submit original copy if needed(word doc)

    Abstract
    Intervention in a failed state is not an effective counterterrorism tool when it is reliant on military power to prop up a perceived illegitimate government. Additionally, foreign hegemonic forces are often viewed as invaders even if that does not represent the underlying goal of the intervention. This study will focus on the policies implemented by the US and the Soviet Union over the courses of their interventions in Afghanistan, which is at the forefront of America’s failed counter-terrorism campaign in the Middle East and North Africa. Afghanistan has a history of being invaded and pushing invaders out. For example, Greece, Great Britain, and the Soviet Union all invaded Afghanistan at various points in time, but their efforts ultimately ended in a resounding defeat. All these unsuccessful invasion help give Afghanistan the nickname of “The Graveyard of Empires.” This paper seeks to explore what are the likely results of an intervention by foreign hegemonic forces in a failed state to install and maintain an illegitimate government. The methods measured include casualty rates, economic indices, military spending on intervention by hegemonic power and results of such interventions, and various social indices. Examining the long-term effects of war and insurgency will be critical to determine the effectiveness of foreign intervention against terrorism.

    Introduction

    The ongoing “War on Terrorism” has been a major foreign policy challenge over the past decade and a half.

    A major foreign policy issue in recent years has been the ongoing War on Terror, which is an international effort to destroy groups, organizations, and affiliates that are a threat to the United States or its Allies. The War on Terror began as a response to the 9/11 Attacks by North Atlantic Treaty Organization (NATO), which includes the United States, France, United Kingdom and Germany. Even though NATO was set up as a military and political alliance during the Cold War era, its focus has shifted towards intervention in numerous failed states and has conducted many aerial bombings in attempting to combat “terrorism” and to implement governmental change.

    According to the Global Political Forum, a failed state is “a government that can no longer provide basic functions such as education, security, or governance, usually due to fractious violence or extreme poverty”. Using United Nations data on casualty rates, stability, corruption, and social well-being will determine if the country is moving forward or backward. Military spending will also factor in the results if the amount of money invested was spent wisely and has had a noticeable positive effect on national progression. Is there a lack of diplomacy or willingness to negotiate that could be reducing possible results?

    This paper will examine the effects of foreign intervention by hegemonic forces and their role in exacerbating the problems in “failed states” such as Afghanistan. The hypothesis is that a heavy reliance on military intervention in a country to prop up a perceived illegitimate government will have largely negative results. This paper will also look at the robust strategic patterns of the United States and the lack of ensuing results through military intervention in failed states in addition to general campaigns in Afghanistan and their correspondence to the objective of the reduction of terrorism and increasing stability in the nation-state. This paper focuses on Afghanistan, which has been considered the epicenter for global terrorism and had large-scale intervention by foreign hegemonic forces. The result of the intervention in many states has been largely negative for the population in question. The cases study will look at Afghanistan as a whole and the large-scale military intervention by NATO in the last few year’s outcomes. The case study will look at spending habits and how they factor into the successful elevation of suffering and counter-terrorism in a failed state. The final area will be how diplomacy factors into resolving a crisis in a failed state.

    Originally part of Iran, Afghanistan received its independence in 1709 after a successful revolt against the Iranian government, then under the leadership of Shah Sultan Husayn, a member of the Safavid dynasty which ruled Iran from 1502-1722. Over the ensuing centuries, Afghanistan was characterized by conflicts with European powers such as Great Britain and the Russian Empire. By 1919, Amanullah Khan was finally able to remove British influence from Afghanistan and began to pursue an independent foreign policy. Over the next few decades, Afghanistan was led by Mohammed Zahir Shah, who ascended to the throne in 1933. Mohammed Zahir Shah shares some similarities with Shah Mohammed Reza Pahlavi of neighboring Iran in that he sought to increase economic modernization and secularism within Afghanistan. Additionally, Mohammed Zahir Shah was generally a far less repressive leader than Pahlavi and allowed a much higher level of political freedom overall in Afghanistan than in Iran.

    Beginning in 1955, the Soviet Union provided large amounts of military training and materials to Afghanistan that gradually increased over the next two decades. For example, 1 out of every 3 members of the Afghan military was trained on Soviet soil by the early 1970s. The major political event to note during Mohammed Zahir Shah’s rule was the creation of the People’s Democratic Party of Afghanistan (PDPA) in 1965. The PDPA ultimately split into two factions, the Khaliqis led by Noor Taraki, and Parachamists led by Babrak Karmal. The Khaliqis has a base of support in rural areas and among the Pasthuns. The Parachamists primarily had support from urban areas and were the reformist political faction within Afghanistan. In 1973, Prime Minister Mohammed Daoud peacefully overthrew Mohammed Zahir Shah. The Khalq faction never fully recognized Daoud’s leadership, viewing his overthrow of the King as a plot to gain power.

    On April 28, 1978, Afghani soldiers supportive of the Khalq faction killed Mohammed Daoud and his family in his presidential palace, thus allowing  Noor Taraki to become Prime Minister and Babrak Karmal to become Deputy Prime Minister. The Carter Administration viewed the overthrow of Daoud as a communist takeover. Internal Afghan politics complicated the US and Soviet influence during this period. Hafizullah Amin, an ally of Taraki received word that Karmal was planning a Paracham plot to overthrow the Taraki regime. Amin executed many Parchasmists to reinforce his power. The overthrow damaged the communist revolution that was attempting to spread across the country. The communist governance was now by the winter of 1978 met with armed insurgency across the country. Amin and Taraki signed a treaty allowing direct Soviet military assistance against any insurgency threatening the regime.

    In mid-1979, the Soviets began to sends advisers to Bagram Air Base outside Kabul. In response, the Carter Administration started supplying non-lethal aid to Afghan Mujahideen, a Sunni Islamic insurgent group. Amin believed the Soviet intervention was designed to strengthen Taraki at his expense. As a result, Amin ordered the death of Taraki in October of 1979, earning the ire of the Soviets. Additionally, Islamic fighters were defeating the Afghan army and the Soviets were forced to either lose their foothold in Afghanistan. As such, the Soviets invades Afghanistan on December 26, 1979, and initially sent in motorized divisions and Special Forces. The Soviets killed Amin and installed Barak Karmal as head of Afghanistan. President Carter subsequently stepped up aid to the insurgents and announced his own doctrine to protect Middle Eastern oil supplies from encroaching communism. Washington wanted to make the Soviet occupation as painful and as brief as possible. The Soviet war in Afghanistan ended up lasting 10 years and millions of lives lost. The Soviets spent $50 billion dollars and lost 15,000 men in addition to a strong uprising emerging in Afghanistan, this igniting a civil war.

    After the Soviets left in 1989, Afghanistan was destabilized and was characterized by various political groups vying for power. The Taliban, an Islamic fundamentalist group, ultimately took power by 1992. The Taliban would later allow Osama bin Laden to establish training bases in Afghanistan beginning in 1996. Their rationale behind this decision was to make Afghanistan an outpost for Wahabbi Islam and to ultimately attack Iran, which is majority Shi’a and strongly opposed to radical Islamic ideologies.

    Afghanistan would subsequently suffer from major social, political, economic, and governmental problems following the 2001 invasion by the United States. The result of the invasion would be the exacerbation of all the problems in Afghanistan from food shortages to increased levels of violence precipitating the region and more complex problems arising. Before the invasion, millions of people were on the edge of starvation and many aid groups had to leave before the invasion because it wasn’t safe. The number of civilian casualties in Afghanistan is increasing every year. A United Nations Assistance in Afghanistan report states ” During the time covered by this report, 157,987 Afghans were displaced because of the war. This brings the estimated total number of conflict-induced displacement Afghans to 1.2 million.” All this is indicative of 40 years of intervention by NATO in a conflict-prone area increasing casualties and failing to solve the problem through the use of diplomacy.

    Methodology
    The paper will use various variables relating to the state of Afghanistan, either progressing further into or out of a “failed state” that help demonstrate government legitimacy. The United State’s relation to that progression or regression will be key in the country. Such variables like civilian deaths per year (graphs/charts, including deaths from violence), drug production levels (estimated # of tons), internal/external displaced populations (note population displacement is hard to calculate and numbers often conservative, Afghans are the 2nd largest refugee population in the world).

    The fiscal problems facing the Afghan government include a small GDP and a heavy reliance on foreign money from the United States. Looking at insurgent attacks over the last decade will help paint a picture of future violence. The goal of the gathering of these statistics is to map out where the future of Afghanistan is headed and to provide an overview of the growing problems in the country. In relation to these problems, the United States & Soviet Union’s role in the country may be positive or negative. What has been the effectiveness of the United States at legitimizing through solving these problems? Examining basic areas of spending patterns will support understanding on if investments proved worthwhile long-term (10-15 year period).

    There are some limitations to this analysis, however. One such issue is the measurement of insurgent members in Afghanistan. Finding this data is difficult due to the fact that many attacks are unreported because the government of Afghanistan does not have effective record-keeping procedures. As such, the level of casualties is used to help blanket insurgent levels. Looking at micro use-spending habits could also prove difficult to uncover and total spending habits also may be hard to figure out, as a result of how certain projects are classified. Examples could include, weapons programs being tested, use of special forces, the cost of technology, soldiers with PTSD or other medical issues that encompass US Spending in Afghanistan. The numbers keep growing and examining simpler terms would provide a better overview of the situation rather than smaller difficult programs to map out the impacts. Determining the number of munitions dropped by the US in Afghanistan alone is an impossible task for the research to dive into because there is a lot of shock and awe tactics (where large sums of bombs are dropped quickly). The cultural, linguistic, and religious variables that affect Afghanistan will not be included. A 14-week schedule makes an analysis of a wide variety of data difficult at best. The motivation behind the methodology is to look at simpler variables to construct a conceptualization and overview of Afghanistan at present as well as its future. The research is by no means to suggest solid claim of Afghanistan future but merely a roadmap in the direction in which the country is heading.

    Literature Review

    Carl Von Clausewitz was one of the earliest philosophers who studied the notion of warfare.

    The philosophy of war has a long and arduous history ranging from the Ancient Greeks to the modern members of Congress that make military decisions. The literature review will focus on contemporary theorists in the philosophy of war. One of the earliest theorists was Carl Von Clausewitz, a 19th Century Prussian general, and military theorist. Primarily influenced by the Napoleonic Wars and Frederick the Great, Clausewitz focused on the moral and political aspects of war and said that “War is the continuation of politics by other means.” According to Clausewitz, the US war in Afghanistan would be considered an unideal and unjust war due to the fact that the US has been indiscriminate in harming civilians and other non-military targets.

    On the other hand, John Keegan has the opposite perspective and is referred to in political science as the anti-Clausewitz. His perspective is that modern wars like Vietnam were not immoral and instead fought the wrong way. Essentially, Keegan is saying that it is not the crusade that was wrong but the way the crusade was carried out. According to Keegan, the War in Afghanistan would be perfectly moral and flawed only due to the fact that the US did not entirely commit itself to fight the war successfully. Keegan would suggest that the US should dramatically expand its presence in Afghanistan and not hold back in its efforts to prosecute the war to a successful conclusion.

    it is not the crusade that was wrong but the way the crusade was carried out

    Neorealism is another well-known theory in international relations.

    Kenneth N. Waltz, Patrick James, and David Fiammenghi are proponents of neorealism. The neorealist theory states that international politics is defined by anarchy, and by the distribution of capabilities. As such, there exists no formal central authority and that every sovereign state is formally equal in this system. The states, in turn, act according to the logic of self-help, meaning they seek their own interest and will not subordinate their interest to the interests of other states. Additionally, the security dilemma in realism states that a situation in which actions by a state intended to intensify its security, such as increasing its military infrastructure or building alliances, can lead other states to respond with similar measures, producing increased tensions that create conflict, even when neither side desires it.

    Charles L. Gaster is a proponent of the concept of the security dilemma and illustrated the political consequences of military strategies within individual countries. Gaster stated that “The first focused on military capabilities and implicitly assumed that the basic goals of the Soviet Union were fixed; its central concern was to determine what military capabilities the United States required to deter or defeat the Soviet Union. The second component focused on what I term political consequences the effect of U.S. policy on the basic goals of the Soviet Union and on Soviet views of U.S. resolve. Sharp disagreements about political consequences played an important role in dividing the American cold war debate over military policy.”

    Another theory in realism is the prisoners’ dilemma. As described by Robert Jervis and R. Harrison Wagner in a January 1978 World Politics journal article, the prisoners’ dilemma shows why two completely rational individuals might not cooperate, even if it appears to be in their best interests to do so. An example could be the dynamic between Iran and Russia on one hand, and the US on the other hand regarding the Syrian Civil War.

    Defensive Realism is the theory that aggressive expansion as promoted by offensive neorealists upsets the tendency of states to follow to the balance of power theory, thus decreasing the primary goals of the state, namely ensuring their security. Kenneth N. Waltz considered the founder of defensive realism as a theory, explains his perspective on international relations after the cold war by stating that the “one condition for success is that the game is played under the shadow of the future. Because states coexist in a self-help system, they may, however, have to concern themselves not with maximizing collective gain but with lessening, preserving, or widening the gap in welfare and strength between themselves and others. The contours of the future’s shadow look different in hierarchic and anarchic systems ”

    Offensive Realism holds the anarchic nature of the international system responsible for aggressive state behavior in international politics. John Mearsheimer is one of the first who explored this theory in his 2001 book “The Tragedy of Great Power Politics.” Offensive Realism depicts powerful states as power-maximizing information control entities, that force others to fight while they are on the sidelines, overbalancing strategies in their ultimate aim to dominate the international system. Contributing theorists include Glen H. Snyder, Eric J. Labs, Fareed Zakaria, Colin Elman, Randall L. Schweller. Steven E. Lobell writes, “According to offensive realism, security in the international system is scarce. Driven by the anarchical nature of the international system, such theorists contend that states seek to maximize their security through maximizing their relative power by expansionist foreign policies, taking advantage of opportunities to gain more power, and weakening potential challengers. The state’s ultimate goal is hegemony. How a state will go about expansion will vary from nation to nation (due to geography, military tradition, etc.)—offensive realism does not predict the same security strategy for every state. ”

    Is there an offensive-defensive theory of realism? According to Sean M. Lynn-Jones, “Offensive-defense theory argue that there is an offense-defense balance that determines the relative efficacy of offensive and defensive security strategies. Variations in the offensive-defensive balance, the theory suggests, affects the patterns of intentional politics.”

    The Neo-Classical realist perspective is closer to the defensive realistic perspective, the actions of a state in the international system can be explained by systemic variables, the distribution of power capabilities among states, as well as cognitive variables, such as the perception of systemic pressures, other states’ intentions, or threats and domestic variables such as state institutions, elites, and social actors within society, affecting the power and freedom of action of the decision-makers in foreign policy. While holding true to the neorealist concept of balance of power, neoclassical realism further adds that states’ mistrust and inability to perceive one another accurately, or state leaders’ inability to mobilize state power and public support can result in an under expansion or under balancing behavior leading to imbalances within the international system, the rise and fall of great powers, and war.

    Gideon Rose states that “Neoclassical Realism argues that the scope and ambition of a country’s foreign policy are driven first and foremost by the country’s relative material power. Yet it contends that the impact of power capabilities on foreign policy is indirect and complex because systemic pressures must be translated through intervening unit-level variables such as decision-makers’ perceptions and state structure.”

    Noam Chomsky is a critic of the idea of American Exceptionalism.

    Relative material power brings the discussion to the United States with its exceptional power over other nations. American Exceptionalism is the idea that American is unique and superior to other nations, Marilyn B. Young, a Harvard scholar on American Foreign Relations, says “There’s an arrogance born of power”. In here view America has become very deceptive in how a leader in government talk about, how the military reacts to war and the lack of transparency in some areas. Noam Chomsky depicts the United States as a country which goal of its foreign policy is to create more open societies where the United States can expand control of politics and the market.

    In contrast, Neo-Conservatives think that the military is there for the United States to use it. Essentially we have the power so we need to use it to push our way into practice by force. Senior officials in the Bush Administration such as Vice President Dick Cheney and Secretary of Defense Donald Rumsfeld are prominent followers of this ideology which is an extension of American Exceptionalism. Former UN Ambassador Jeane Kirkpatrick is another neoconservative who criticized the foreign policy of Jimmy Carter, who endorsed de-escalation of the Cold War.

    Another component of neoconservatism is the Bush Doctrine, which holds the idea of a preemptive attack on perceived enemies of the US. William Kristol, a supporter of the Bush Doctrine, wrote in 2002 that the “world is a mess. And, I think, it’s very much to Bush’s credit that he’s gotten serious about dealing with it. … The danger is not that we’re going to do too much. The danger is that we’re going to do too little. ” Neo-Conservatives hold true the idea of policing the world as a way to ensure political peace and stability and would argue that intervention in Afghanistan by the US is an appropriate step for this goal.

    Current Problems Facing Afghanistan
    The decade-long Soviet intervention in Afghanistan left 15,000 Soviet military personnel and nearly a million Afghani civilians dead. The war was a proxy for the United States against the Soviets in which the United States used “our gold and their blood” (referring to Afghani civilians). During the war, the CIA encouraged Islamic extremists to join in the war to defend Islam against an invasion by the “godless Communists.”. Much of the weapons in Afghanistan today were paid for by either the United States or the Soviet Union and left there an estimated total of 45 billion dollars in arms/ammunition. The mass amounts of weapons would aid the conflict of the civil war that plagued Afghanistan from 1989 to 1996. The Taliban came to power in the ruins of the civil war and ruled Afghanistan as an Islamic state based largely on the ideology of Wahhabism. Bin Laden would later find refuge there where he helped the government fight off the Soviets in the 1980s and was largely viewed as an honorable man within Afghanistan due to the fact that he successfully repelled a foreign imperialist invader who sought to install an illegitimate government into power.

    The United States invaded Afghanistan on October 7th, 2001 in retaliation for the 9/11 attacks. The Taliban government did not provide any material support or personnel (mostly Saudi Nationals) for the attacks on 9/11, though they allowed Osama Bin Laden to have a safe haven. The Taliban refused to release Bin Laden to the United States and said they would give him to a neutral 3rd party. The United States rejected their offer. The Taliban also asked for evidence and the US declined their request. According to the UN and aids groups, prior to the invasion, it was thought there would be a mass famine where millions would starve because of Afghanistan’s dependence on foreign food. After the United States bombed Afghanistan for 2 months, the Taliban government ultimately surrendered in December of 2001. The United States would install a government that Afghani civilians view as illegitimate, corrupt, and weak. Displacement of the population is one of the biggest problems in Afghanistan and the Middle East from war and conflict.

    Afghanistan has one of the worst population displacements problems in the world. Afghans make up the 2nd largest refugee population in the world and it is estimated that 3.7 million Afghans have been displaced by the conflict in the last decade or so. That is a daunting number no government or institution can handle alone to manage. One million are estimated to have fled to Iran, another 1.5 million into Pakistan. From a 2014 report, 700,000 are expected to be displaced in Afghanistan itself. Every year the numbers get worse and worse, more death and more casualties beating the last year. There is a variety of reason for this but many civilians die in either ground engagements or through IEDs that are leftover or part of the current war. The surge under President Obama, which was the deployment of 30,000 additional troops to Afghanistan, did not make Afghanistan safer and their withdrawal has not reduced the casualties rates. Killing members of Taliban have only created more instability and turned various areas of the country into a devastated war zone. In this climate, these policies undermine government legitimacy constantly because the government cannot provide basic necessities. Additionally, this policy has the government of Afghanistan largely taking orders from NATO and the US,  which have large cultural differences and questionable understanding of the country. For example, Afghanistan is predominantly Muslim (~85-93% Sunni and ~7-15% Shi’a) and the main languages spoken are various dialects of Farsi (an Iranian-based language which is not widely taught in the West).

    Heroin usage and production is a major problem facing Afghanistan, as it produces 80-90% of the world’s supply of Heroin. The Taliban profits nearly a billion dollars a year from the trade, namely by exporting opioids to other countries. It is estimated that there are around 1.6 million drug users in Afghan cities and another 3 million in the countryside. Unfortunately, the opium production has helped fuel severe problems with addiction to opium which has worsened the situation in Afghanistan. In 2001, The Taliban government issued a fatwa forbidding heroin use, which essentially put a stop to the problems of its use in Afghanistan. The US invasion that same year and the subsequent installation of Hamid Karzai as the Afghan President saw the prior ban go away and thus opium production skyrocket starting in 2002.

    The US invasion had multiple coalitions of groups such as the Northern Alliance in Northern Afghanistan and the Puston Warlords in the South-East who also played a major role in the trafficking in Heroin which would result in it’s come back largely in Afghanistan. The whole story isn’t told there, “The drug trade accounted for most of its tax revenues, almost all its export income, and much of its employment. In this context, opium eradication proved to be an act of economic suicide that brought an already weakened society to the brink of collapse. Indeed, a 2001 U.N. survey found that the ban had “resulted in a severe loss of income for an estimated 3.3 million people,” 15% of the population, including 80,000 farmers, 480,000 laborers, and their millions of dependents”.  As such, banning opium, which was largely pushed by Westerners, was a severe miscalculation on the part of the Taliban-led government. Ideally, it would have been smarter to have a transition period meant to phase out opium production and allow those whose livelihood depends on its production to developing alternative sources of income.After the invasion in 2001, the Taliban went back to selling heroin to fund the insurgency but there are other segments that sell and control opium distribution.

    Prior to the Soviet-Afghan war (1979-1989), opium production in Afghanistan and Pakistan was directed to small regional markets. There was no local production of heroin. The CIA helped design the Afghan Narcotics economy to fund the Taliban and launder money during the War against the Soviets in Afghanistan. Currently, the problems of heroin fuel the insurgency and corrupt the government while increasing drug usage both inside and outside the country. The US would later spend 7.6 billion to eradicate opium in Afghanistan and in every measurable way they have failed. Instead, it helps fuel the insurgency by upsetting locals and fueled government corruption. Again undermining the legitimacy of the government while pushing cultivation practices that they have helped start in the first place. That 7.6 billion wasted in opium eradication is just the tip of the iceberg with unsustainable spending patterns.

    The financial problems facing the Afghan government, such as a small GDP and reliance on foreign money from the United States and others present serious problems. The reliance of foreign money make long-term success difficult and, if foreign money is withdrawn from the economy, the government would collapse. Corruption is also a major problem in Afghanistan. Many hands are taking money out of the government coffers for personal gain. The corruption isn’t something that is only on the local level but stretches all the way to the top. It’s difficult to measure the level of corruption but there are key findings to support the idea that the Afghan government has serious corruption problems which undermine the government as an institution and waste precious money needed to support the Afghan people. In 2012, nearly half of Afghan citizens paid a bribe while requesting a public service and the total cost of bribes paid to public officials amounted to $3.9 billion US dollars. This corresponds to an increase of 40 percent between 2009 and 2012. So the government abuses its position which increases the cost for the people who pay taxes and then pay again to get something done. A snapshot of Afghan culture is that bribery is embedded in social practices, with patronage and bribery being an acceptable part of Afghan culture. These practices of bribery are also in other regions without government.

    Non-governmental groups like village associations and the Taliban have patronage systems. Bribery usually occurring in government to change police or judicial results or provide governmental services faster. The bribes can undermine government institutions which are flooded with money. Examples of government corruption can be to keep a family or relative from going to jail by paying the judge or police off. An instance of corruption is the people put in power, namely family relatives, for example, the director of Education was put in power because of his relatives but could not read or write.

    These problems are worsened by the uncertainty of how long the US will stay and fight. If one thinks they’re leaving next week or not here to stay then obviously you’re going to abuse the money that comes in. You have elections where they have large accusations of voter fraud and reinforcement of the idea that Afghanistan looks like a “tin-pot dictatorship”. It costs somewhere around $12 billion dollars a year to train Afghan security forces and neither the US nor the Afghan government can sustain that figure. So in no way is the situation an economically manageable one, especially with record numbers of security forces being killed and high levels of desertions. “Between October 2013 and September 2014, more than 1,300 Afghan army troops were killed in action and 6,200 were wounded”. Senior US Officers have called that “unsustainable”. Desertion is a problem but there are poor numbers on this so it’s just important to mention it as a problem. The Taliban have been killing more and more people in the security forces and expanding their territory.

    Growing insurgency problem across the countries level of violence grows worse.US Policy may appear to be helping reinforce insurgency numbers. The basic premise of counter-insurgency strategy is you’re only as good as the government you represent. The government that represents Afghanistan lacks legitimacy with Afghan people and it can’t even hold the Taliban at bay. While the US in for example in 2011, was killing 360 insurgent leaders in a 90 day period using Special Forces, there were more attacks against coalition forces and no reduction in overall violence. Basically, it goes back to the old adage of “if you hit me, I hit you.” Abdul Hakim Mujahidin, the Taliban Envoy to the UN from 1998 to 2001 said” They consider that the continuance of the war in this country is not for the benefit of their people. But in practice, they are using their military against the Taliban. They are forcing the Taliban to respond militarily”. Osama Bin Laden was not part of the Taliban but Al Qaeda and his objective were to drive the US into Afghanistan to shatter will at home and push US and Allies to get out of the Islamic world. The war in Afghanistan is now the longest war in US history and the US government has still been unable to ensure Al Qaeda’s come back into Afghanistan. Some reports show drone strikes are counterproductive and other say they are. It’s hard to tell productive ones from unproductive ones when they target high-ranking leaders but when they kill innocent civilians or low-level combatants they can help fuel an insurgency.

    What has the US Invested For Afghanistan’s Success?
    The United States is spending too much money on Afghanistan, so much so that the numbers are often unknown or hard to pin down. Many different sources provide different estimates for costs on different things, but to figure out the total and cost year by year is simply too long of a process. For instances, some institution will say the cost of Iraq X and others Y. From Pew, it was shown that the US is spending around $16-17 billion dollars a year on counter-terrorism. What exactly does that cover? Again hard to pin down what exactly all these funds are being spent on. You also have heightened violence which is going to require more mobilization of the military to things like Veterans health which are extremely costly. These costs are often stuck with other wars. Here are some estimates on the spent money in key areas, reconstruction, $110 billion dollars, the largest portion of that is $60 billion being spent on training Afghan security forces.But this may not be accurate because many costs are left out of such reports so it’s better to give a bulk total of 4 to 6 trillion on the costs then try to micro-manage every cost exactly into the bill. Again this is unsustainable spending and if the US pulls out tomorrow and loses everything much of that investment could prove worthless, which is why many are reluctant to do so.

    At the same times it getting harder for members of Congress to justify trillions of dollars spent for a deteriorating situation. The government gives aid to Pakistan and sometimes that aid is used to train the Taliban and other groups while fighting against Al Qaeda. Pakistan has received military aid from the US since 1948. Since 2001, the US has given Pakistan roughly $2 billion per year in military and assistance some of which has been used to support insurgent groups.This aid has gone up and down and appears to have no effect on reduction of violence in Afghanistan or Pakistan. These failures undermine the US influence in Muslim countries and appear to not give the Afghan government more legitimacy. Instead, it is akin to throwing money down a drain and hoping that something sticks.

    American Exceptionalism
    American Exceptionalism is the idea that America is unique, just and always on the side of good. The idea of American Exceptionalism date back to the founders, but has become largely ingrained in American Society and Politics in the 21st century following World War II. The American Military is a manifestation of this Exceptionalism and when it does something with the use of force it is always to protect our Democratic system and protect our national interests. An example of this is the perception of the Iraq where US citizens perceived the invasion of Iraq to be freeing the people of Iraq and keeping the world safe for democracy. The truth tends to be different from the perception by the American public. There is the problem of Amnesia, where people forget what the US had done wrong like people will say the government did that in the past or not remember it at all.

    People also preach the perceived values of the US even if their false and the idea the US has the right to break the rules to enforce the appropriate world order. This type of clouded perception of US intervention has helped lead to two costly wars, namely, Iraq and Afghanistan. The Idea that the US was on the side of right when it invaded allowed it to label others as the bad guys versus the good guys which is one of the biggest reason for the strategic blunder. The biggest mistake the Bush Administration admits too is not differentiating the Taliban from Al Qaeda. That mistake has helped continue years of bloodshed which looks like a result of that clouded perception by the US mindset and no victory coming closer. Again this idea of American Exceptionalism is a weakness Osama Bin Laden used to push the US to invade Afghanistan and undermine its legitimacy has a hegemonic power.

    The United States repeated and made the same mistakes the Soviets did in Afghanistan such as invading the country and installing/propping up an illegitimate government. There is also a large disillusion that the problems could be solved in a few months where it would appear they cannot t be solved in 16 years. Both the Bush Administration and the Soviet Union thought they would have victory in Afghanistan relatively quickly, but long-term insurgency never seemed to be defeated completely. They would kill tens of thousands and there would be a battle the next day. There was also this feeling that once the Soviets got in, the fight was about “National Prestige”(Vietnam Syndrome)(much like American Exceptionalism). If they left they would shame their country, so the Soviets stayed for 10 years and then got kicked out. There was a very large disconnect between the Afghan culture, language and the invaders (US/Soviet). There continues to be a problem that stems very much from Afghanistan, Jihad to protect Islam whether or not it’s true it is an idea that has spread. There was the idea that both the Soviet Union and the US had about creating stability even though their actions did the opposite (referencing actions of Soviets in the 1980s vs the US today). In Afghanistan, they were almost always high casualties largely taken by poor farmers who felt they were defending their country or pro-government forces caught between tribal disputes. There is still consistent aid and travel by the Taliban in and out of Pakistan. There is also the problems of people deserting the Afghan army which the hegemony supports. Both countries become involved in a war they thought they won in weeks but ended up turning into something like the Sopranos where everyone is killing everyone and the hegemony is caught in the middle.

    Possible Options To Increase The Legitimacy Of The Government Of Afghanistan
    *Gain control of opium production and put it under some form of governmental control. The government needs the money and many of them are already involved in the opium trade it’s a legal barrier of just legitimizing it to gain more secure control of the country. It always puts a lot of people to work and helps many people to make a living, after Afghan is more built up its possible to move it away from there after large improvements are made.

    * Make peace with large portions of the Taliban and allow them to govern more legitimately (in the eyes in the Afghan people). This policy is difficult to implement and will require much work, negotiation, and large term forward-thinking on the part of policymakers in the US.

    *Reduce bombing campaigns to be more strategic and at all costs reduce refugee populations

    * Figure a way to build large housing developments in a cost-effective manner and again working with the Taliban to make a safer country long term. These policies would help alleviate problems of population displacement and allow the people of Afghanistan to live in safety.

    *Work heavily with Iran, Russia, Pakistan, and other neighboring countries to improve stability within the Middle East. Some of the ways include increased military cooperation, political planning, and population management. Another solution is to partition Afghanistan between Iran and Pakistan. Iran would gain the primarily Shi’a Western regions of Afghanistan, whereas Pakistan would get the Sunni-dominated regions in Eastern Afghanistan. The key to this proposal is to implement it democratically through an UN-sponsored referendum. If this step is not done democratically, it can further embolden insurgents and make the already difficult situation in Afghanistan much worse.

    *Governance should be looked at a provincial level rather than a Federal state (small self-governing provinces). Tribalism playing a role here.
    *There needs to be a transition from a strategy of killing Taliban and Al Qaeda Leaders to legitimizing Afghan government, as key counter-insurgency means.

    *Increase and incorporate region cultural understand, natural, economic and political problems as the heart of counter-insurgency.

    What does Trump mean for the future of Afghanistan?
    President Donald Trump has made many negative and inaccurate statements about Islam, which does not do any good to help the image of the legitimacy of the Afghan government. Trump is appointing neoconservatives which are generally more hawkish than Neo-liberals such as President Obama or Bill Clinton. A more hawkish approach would be to increasing militarizing the situation by increasing bomb campaigns which will likely worsen the situation. Trump’s view of the conflict with terrorism as an ideologically struggle against where the enemy is 110% evil echoes the same problems the Bush Administration pushed where they failed (even Obama), a reasonable understanding of the situation is crucial to success. Trump seems to display a profoundly ignorant understanding of the conflict.

    Trump has also spoken in favor of a hardened US policy towards Iran for the nuclear reason, which is largely rooted in ignorance and misunderstandings of the sorts. If a war was launched against Iran, it would ensure that Al Qaeda and other terrorist groups become stronger than ever. Iran borders Afghanistan and conflict in the area would make both countries less safe. Trump’s dislike for NATO could mean the United States occupies Afghanistan alone and increases the requirements for more troop deployments. Trump embodies the idea of American Exceptionalism in a negative way. Trump’s position on Russia was formerly stable, but his advisers pushed him away from that stance into a more confrontational one due to the issue of Syria. Trump has already reneged on many campaign promises so it’s hard to tell what the policy will be but he has surrounded himself with the people who lead the country into Iraq.

    Conclusion
    The United States and NATO need to refocus on why they are in Afghanistan and the plans for the future. If they plan to continue fighting heavily in Afghanistan they need a new long-term strategy. The United States needs to increase accountability with aid and better keep track of resources in order to maximize efficiency. Increasingly high casualties taken by civilians and security forces undermine government legitimacy. A record number of refugees destabilize the region where countries like Iran, Pakistan, and others taken in millions of refugees. The new administration coming in needs to make sure it uses forces to find a political solution and not to defeat the insurgency because ultimately Afghanistan will be solved by a political solution whether it be dividing Afghanistan up or other solutions like negotiating heavily with the Taliban. If the government wants to become more legitimate curbing corruption is a major hill to climb as well as developing a proper narcotics strategy that makes sure the Afghan people are put first. Poor results have been shown to develop with high levels of violence, high population displacement, high corruption, and war. Perhaps it’s impossible given the problems to remove the label from Afghanistan of Failed State under the next administration.

    Citations
    Abramowitz, Morton, James Holmes, Seth J. Frantzman, and Ashton B. Carter. “How American Exceptionalism Dooms U.S. Foreign Policy.” The National Interest. The National Interest, 22 Oct. 2012. Web. 12 Dec. 2016.
    “Afghan Refugees.” Afghan Refugees | Costs of War. Watson Institute, Apr. 2015. Web. 5 Dec. 2016.
    “Afghanistan: Record Level of Civilian Casualties Sustained in First Half of 2016 — UN Report.” UNAMA. United Nations, 25 July 2016. Web. 5 Dec. 2016.
    Afghanistan War Documentary. Dir. Andrew Mackay. Perf. David Cameron. Afghanistan: The Lessons of War. BBC, 2016. Web. 5 Dec. 2016.
    Atal, Nishant. “More Harm Than Good?” World Report. US News, 25 Nov. 2015. Web. 5 Dec. 2016.
    Chomsky, Noam. “The War In Afghanistan.” The War In Afghanistan. Z Magazine, 1 Feb. 2002. Web. 5 Dec. 2016.
    Chossudovsky, Michel. “The Spoils of War: Afghanistan’s Multibillion Dollar Heroin Trade.” Global Research, Jan. 2015. Web. 5 Dec. 2016.
    DeSilver, Drew. “U.S. Spends over $16 Billion Annually on Counter-terrorism.” Pew Research. Pew Research Center, 11 Sept. 2013. Web. 4 Dec. 2016.
    Dharapak, Charles. “The Man Who Keeps Tabs On U.S. Money Spent In Afghanistan.” NPR. NPR, 15 May 2015. Web. 5 Dec. 2016.
    France-Presse, Agence. “US Afghan Army Suffers Heavy Combat Losses.” Defense News. Defence News, 3 Mar. 2015. Web. 5 Dec. 2016.
    Gall, Carlotta. “An Afghan Secret Revealed Brings End of an Era.” The New York Times. The New York Times, 31 Jan. 2009. Web. 5 Dec. 2016.
    Jolly, David. “Afghanistan Had Record Civilian Casualties in 2015, U.N. Says.” The New York Times. The New York Times, 14 Feb. 2016. Web. 5 Dec. 2016.
    Lodin, Azizullah, Jean-Luc Lemahieu, and Sandeep Chawla. “Corruption in Afghanistan:Recent Trends.” Islamic Republic of Afghanistan High Offi Ce of Oversight and Anti-Corruption (2012): 1-40. 2012. Web. 5 Dec. 2016.
    McCoy, Alfred. “Tomgram: Alfred McCoy, Washington’s Twenty-First-Century Opium Wars (February 21, 2016).” Academia.edu – Share Research. Academia, Feb. 2016. Web. 5 Dec. 2016.
    Micallef, Joseph V. “How the Taliban Gets Its Cash.” The Huffington Post. TheHuffingtonPost.com, 14 Nov. 2015. Web. 5 Dec. 2016.
    “Milestones: 1977–1980 – Office of the Historian.” U.S. Department of State. U.S. Department of State, n.d. Web. 5 Dec. 2016.
    Pamela Constable. “Heroin Addiction Spreads with Alarming Speed across Afghanistan.” The Washington Post. WP Company, 8 Jan. 2015. Web. 5 Dec. 2016.
    Pike, John. “Military.” Peace Operations in an Insurgency Environment. Global Research, 1997. Web. 5 Dec. 2016.
    Pike, John. “Military.” The Soviet Invasion of Afghanistan- 1979-1989. GlobalSecurity.org, 2016. Web. 12 Dec. 2016.
    Roy, Arundhati. “‘Brutality Smeared in Peanut Butter’” The Guardian. Guardian News and Media, 22 Oct. 2001. Web. 5 Dec. 2016.
    Scahill, Jeremy. The Assassination Complex: Inside the Government’s Secret Drone Warfare Program. New York: Simon & Schuster, 2016. Print.
    Simon, Roger. “Down the Opium Rathole.” Down the Opium Rathole. Politico, 29 Oct. 2014. Web. 5 Dec. 2016.
    Soviet War in Afghanistan 1979-1989. Perf. Http://transcripts.cnn.com/TRANSCRIPTS/0201/01/cp.03.html. Afghanistan. CNN, 23 Nov. 2014. Web. 5 Dec. 2016.
    Thompson, Mark. “The True Cost of the Afghanistan War May Surprise You.” Time. Time, 1 Jan. 2015. Web. 5 Dec. 2016.
    “‘US Drone Attacks Are Counter Productive and Terrorise Civilians’” The Telegraph. Telegraph Media Group, Sept. 2012. Web. 5 Dec. 2016.

    Literature Review Citations
    “Assessing the Bush Doctrine”, in “The war behind closed doors.” Frontline, PBS. 20 February 2003.
    Mores, Bill, and Marilyn B. Young. “Marilyn B. Young on the War in Iraq BillMoyers.com.” BillMoyerscom. May 11, 2007. Accessed October 18, 2016.
    Glaser, Charles L. “Political Consequences of Military Strategy: Expanding and Refining the Spiral and Deterrence Models.” World Politics 44, no. 4 (1992): 497-538.
    Gideon Rose, “Neoclassical Realism and Theories of Foreign Policy,” World
    Politics 51, no. 1 (October 1998), pp. 144–77.
    Jervis, Robert. “Cooperation Under Security the Dilemma.” World Politics 30.2 (1978): 167-214. Social Sciences UCLA. Social Sciences Division UCLA, 1978. Web. 5 Dec. 2016
    “Lawrence AS Theory.” Lawrence AS Theory. Accessed October 18, 2016. https://lawrencemediatheory.wordpress.com/2016/09/.
    LOBELL, Steven E. “War is Politics: Offensive Realism, Domestic Politics, and Security Strategies.” Security Studies 12.2 (2002): 1-30. 2002. Web. 17 Oct. 2016. Sean M. Lynn-Jones, “Offensive-Defense Theory and Its Critics.” Security Studies 4 (Summer 1995): 660-91
    Waltz, Kenneth N. “Structural Realism after the Cold War.” International Security 25, no. 1 (Summer 2000): 5-41.

    Afghan opium production 1994-2015 UNODC

    Afghan Poppy picture

    Civil Deaths Afghan 2009-2017

    Generally Estimated War Funding 2001-20015

    Internal Displacement Numbers

    Total Displacement Table 1

  • Does the US care about human beings killed in Gas Attack?

    Does the US care about human beings killed in Gas Attack?

    Photo: “Non-Violence”, Carl-Fredrik Reuterswärd, 1988, United Nations

    The short answer to the question is “maybe,” the shorter answer is “fuck no.” Why do I say that? Well, let’s look at the record. How did the US respond to the “attack” by Assad (unverified by UN/independent)? Well, they shot missiles because that will teach them a lesson not to commit war crimes. So the US Government (Trump Administration) launched 60 cruises missiles roughly (59) the result of such was destruction to fighter aircraft and actually the destruction of some villages accidentally hit. So you respond to the killing of innocent people by killing more people so the government will stop killing innocent people even though in the process you killed innocent people. Do you see the hypocrisy? Furthermore, the attack is a violation of international law (not that I support laws) and violation of the Nuremberg principles. I do not recognize the right of one Nation to use force against another in anything other than a purely defensive matter, meaning directly attack or invasion on sovereign soil (embassies don’t count). Why does the United States get involved in “conflicts” that present no direct threat to the United States?

    There are plenty of reasons that answer that question but let’s focus on a few of them. Is the United States a nation that cares about the loss of human life or the wants to reduce it to a sheer minimum? Short Answer No, real answer once in a while. What is the easiest way to end the Syria Proxy war? Cut off arms to both sides, have they done this?(NO), Well Obama had a chance to do such in 2012- it didn’t work out because they thought Assad would fall quickly like Libya (Failed State). So if we look large in the Middle East (MENA) has the United State done everything to minimize deaths? Well, there is a major famine in Yemen (minor in other places as well but mostly Yemen) then we see the US is not only cutting aid to humanitarian assistance worldwide but also helping create the famine with the aid of Saudi blockade of the country(Yemen Imports 90% of its food). It should be noted the Houthi rebels are also causing starvation of own people on a smaller scale- just increasing desperation of the conflict.

    Costs

    Can the United States save millions of lives in the next year by changing its budget? In the United States alone 45,000 people die every year from lack of health insurance(medical treatment). By creating a single-payer health care system you can likely saved most of those people while also distributing better quality care to large portions of the populations- preventive care and direct care. Reasons for the US not switching? Money would be lost by large corporations, health insurance companies, doctors salaries might decrease and loan companies that give people loans(borrowed money) would make less cash. So we see the monetization of the need to make a profit and keep embedded systems in power(political/economic/social). How many people starve to death every day? Wide variation on that answer but one estimate is a person every 4 seconds. That’s 21,000 a day. The Tomahawk Missiles cost about a million dollars each(500,000 for production solo but at a link below it explained why that’s not so simple{WebArchive}). How many people could 60 million dollars feed? That’s a research topic and I don’t have the answer for you here but here’s a link that describes what money can be put toward and you can do the math on your own.

    “Compared to the cost of living in the United States, the cost of eradicating hunger is minimal. For example, it costs just $10 USD to feed a boy in Kenya’s refugee camps for 3 weeks – this is less than the cost of lipstick in Manhattan.(1) It costs only $50 USD to feed a school-aged girl for an entire year in many developing nations.(2) It costs only 20 cents to feed one child a nutrient-rich serving of Plumpy’Sup®, a nutritional food supplement.(3) In 2003, the FAO estimated that an additional $24 billion in public funding each year would be needed to reach the goal of halving global hunger by 2015 (with inflation, the figure becomes $36 billion in 2008 dollars

    http://www.uniteforsight.org/hunger/module3
    An estimated 60 million/10= 6 million people for 3 weeks.

    Additional Reading:
    http://www.fao.org/emergencies/crisis/yemen/intro/en/
    https://web.archive.org/web/19990220120419/

    http://www.fas.org:80/man/dod-101/sys/smart/bgm-109.htm

    http://www.unf.edu/~dtanner/4361StudyHall/test1/Chapter9/4361Ch9probes_sol.htm
    https://www.mercycorps.org/articles/quick-facts-what-you-need-know-about-global-hunger
    http://www.poverty.com/

  • Is Ted Cruz Eligible to run for President?

    Is Ted Cruz Eligible to run for President?

    A major consideration within American politics is the eligibility requirements of the President, in particular, the question of the “natural born” citizenship requirement. The Constitution does not specifically mention what it means to be a natural born citizen, which has raised numerous questions among Constitutional experts and Presidential historians as to what exactly makes someone a natural born citizen. In recent weeks, there has emerged several issues regarding Ted Cruz’s eligibility to the Presidency because he was born in Canada to a Cuban father and American mother. Cruz has argued that there are no Constitutional barriers that prevent him from running for President. On the other hand, rival candidates for the Republican nomination such as Donald Trump have claimed that Cruz is not a natural born citizen as is, therefore, ineligible to serve as President under the Constitutional guidelines. Despite the allegations to the contrary, it can be argued that Ted Cruz is a natural born US citizen and qualified to run for President.

    The Constitution directly addresses the qualifications necessary for someone to serve as President in Article II, Section 1, Clause 5. In addition to being a resident of the United States for a minimum of 14 years and being at least 35 years old, the Constitution mentions that the Presidency is to be filled by a natural born citizen of the United States. The definition of what exactly makes someone a natural born citizen is not specifically addressed in the Constitution and was not addressed before the passage of the Naturalization Act of 1790. The purpose of the Naturalization Act was to put forward the rules of granting citizenship would occur and clarify any remaining questions regarding United States citizenship not previously addressed. Furthermore, the Naturalization Act stated that any foreign-born child who had one parent with American citizenship would automatically be a US citizen so long as the parent met certain requirements of prior US residency.

    Ted Cruz was born in Canada to a mother with American citizenship and a Cuban father who initially came to the United States for schooling on a student visa. Cruz’s father would eventually earn Canadian citizenship and ultimately US citizenship. At the time of his birth, both Cruz’s parents had lived in Canada for several years for work-related reasons. Despite the fact that Cruz was born abroad and had one parent who was not an American citizenship, it can be argued that he is a natural born citizen of the United States due his mother’s citizenship. As previously stated, the Naturalization Act asserts that any foreign-born children with one parent with American citizenship are considered an American citizen, assuming that the parent in question had resided in the United States for at least 14 years.

    Ted Cruz at Political Rally

    Furthermore, past legal precedence can be used to argue that Ted Cruz is a natural born American citizen despite his birthplace. For example, the Supreme Court case Tuan Anh Nguyen v. INS determined that an American citizen who was living abroad and expecting a child could either re-enter the United States to have the child born or either stay abroad and have the child born there. In either case, the court determined that the child would still be considered an American citizen.

    Additionally, the United States Court of Appeals for the Ninth Circuit determined that one may become a natural bon citizen of the United States through either being born abroad to at least one citizen parent or by being born in the United States in the case of United States v. Carlos Jesus Marguet-Pillado.

    In addition to the questions raised about Ted Cruz’s eligibility and citizenship status, there was also debate over the citizenship status of John McCain, the 2008 Republican nominee. McCain was born in 1936 to American citizens stationed at a military base in the Panama Canal Zone. Cases questioning McCain’s eligibility were rejected due to a lack of legal standing. Despite the lack of legal standing for many of the allegations, one federal court recognized that McCain would indeed classify as a citizen at birth and thus a natural born citizen because he was born outside the limits of the United States to parents who met the requirements for citizenship.

    In conclusion, the definition over what constitutes a natural born citizen of the United States has influenced the Presidential selection process and raised numerous questions about the citizenship status of several Presidential candidates. The vague meaning of the term has prevented a consensus over what exactly the term means. The issue has been brought up recently regarding the Presidential qualifications of Republican Presidential candidate Ted Cruz. Despite the fact that Ted Cruz is not a native born United States citizen, it can be argued that he is indeed a natural born citizen under the Naturalization Act of 1790. Additionally, past legal precedence in a number of cases further argue in favor of Ted Cruz’s position that he is a natural born citizen of the United States.

  • International Law & Russia’s Intervention in Syria

    International Law & Russia’s Intervention in Syria

    One of the major foreign policy issues facing the world over the past few years is the Syrian Civil War and the formation of groups such as ISIS as a result of the instabilities created due to the conflict. In spite of the urgency of ending the conflict and combating the rise of organizations such as ISIS, there has been little effort on the world stage to come up with an adequate plan to do so. A major reason the international community has yet to come up with a plan to fight ISIS and end the Syrian Civil War is due to different visions between world powers over the best way to do so. The U.S. argues that the ultimate goal of any intervention in Syria would be that Syrian President Bashar al-Assad would peacefully step down from power. In contrast, Russia is a close ally of Assad and their only military outpost in the Middle East is in Syria. Russia believes that any regime change in Syria would lead to increased instability in the Middle East and threaten their military presence in the region.

    In recent weeks, Russian President Vladimir Putin has stepped up Russian presence in Syria and has begun a military build-up in the country. U.S. diplomats have cautioned Russia against such a move, arguing that it would lead to even greater instability and violence in Syria. Additionally, the U.S. fears that a potential confrontation may emerge between U.S.-backed coalition members and Russian forces in Syria if Russia continues expanding its military presence in the region. Despite the differences in opinion between the U.S. and Russia, Putin has come up with several proposals to combat ISIS, put an end to the Syrian Civil War and restore a greater sense of stability to the Middle East.

    Vladimir Putin’s plan includes several components. The first part is that the U.S. and its allies coordinate their actions against ISIS with the Russian, Iraqi, Iranian and Syrian armies. Through the coordination of their actions, Putin hopes that any conflict between coalition members can be reduced and that a consensus to stop the spread of ISIS can emerge on the international level. Also, Russia also stated that their plan would put in place measures that would gradually transition political power away from Assad. Putin has also stated that if the U.S. and its allies reject his offer, he would be prepared to take military actions against ISIS in Syria unilaterally. Putin is hoping that the U.S. will accept his plan on the basis of it being the only realistic way to bring an end to the Syrian Civil War and contribute greater stability to the Middle East.

    The reaction to Putin’s proposal has been mixed. For example, UN Ambassador Samantha Powers has stated that the U.S. would be unwilling to join in a coalition with the Syrian army because of Syrian Bashar al-Assad’s human rights record and alleged actions over the course of the war. Also, U.S. officials question Putin’s motives and feel that his plan is not comprehensive enough to be successful. Despite their reluctance to side with Russia, the Obama Administration did announce that it would be willing to engage in talks with Russia over the issue in the coming weeks. Additionally, Russian Foreign Minister Sergei Lavrov stated that the U.S. has become more receptive to Russia’s position and that it moderated two parts of its Syrian policy, that Assad must step down from power and that it will not negotiate with his government.

    The proposed course of action by Russia regarding the Syrian Civil War could involve resorting to several components of international law. For example, Russia could present its case before the UN Security Council. After reviewing the case, the Security Council may call on the parties involved in the Syrian Civil War to settle their disputes via peaceful means. Furthermore, Russia can receive the authority to strike ISIS forces within Syria if it is given permission by the Syrian government to do so. If Russia acts without Syria’s permission, they would be in violation of Article 2 Paragraph 4 of the UN Charter, which prohibits the use of force against another country in terms other than that of self-defense. On the other hand, Russia could use the argument that their actions against ISIS are purely self-defense. At that point, Russia’s actions would be in accord with Article 51 of the UN Charter, which states that any member nations has a right to self-defense until the Security Council has taken measures to maintain international peace and security.

    In conclusion, the Syrian Civil War has been a key issue facing the international community over the past few years and has destabilized the Middle East. The rise of ISIS is a major problem that has arose out of the instability brought on by the Syrian Civil War. Russia has devised a plan including several components that would potentially end the war and stop ISIS and is seeking support from the U.S. and its allies for its actions. If the U.S. rejects their offer, Russia is prepared to act unilaterally in Syria. The Russian plan for the Syrian Civil War can be implemented through existing channels of international law. Only time will tell if the plan can gain support on the international stage and successfully put an end to the Syrian conflict

  • Is President Obama’s Immigration Executive Constitutional?

    Is President Obama’s Immigration Executive Constitutional?

    The issue of immigration reform in the United States has ignited a series of political debates over the last few years and has increased the partisan divide between both political parties. In the debate over illegal immigration, some argue that the proper solution is to enhance border security and to provide a program that establishes a pathway to citizenship for undocumented immigrants. On the other hand, others argue that illegal immigration negatively impacts taxpayers, tarnish the public perception of immigrants, and jeopardizes the safety of law enforcement officials and citizens along the US-Mexican border. Additionally, opponents of comprehensive immigration reform argue that in effect, any reform would “reward lawbreakers” at the expense of immigrants who come to the United States through legal means. The issue of immigration reform has also resulted in several different proposals at the Congressional level by members of both political parties.

    To address a number of issues surrounding illegal immigration, President Obama issued a series of executive orders in November 2014 meant to protect some 5 million undocumented immigrants from deportation and allow for a percentage of undocumented immigrants to apply for citizenship under the Deferred Action for Childhood Arrivals (DACA) program. The response to President Obama’s executive actions has been mixed, with Democrats almost universally in favor and Republicans nearly unanimous in their opposition. In addition, the sweeping nature of the executive orders has led some to argue that President Obama’s actions are unconstitutional and represent an instance of executive overreach. In response to the allegations of the order’s unconstitutionality, several states have signed on to a federal lawsuit challenging the Obama Administration. Overall, it can be argued that President Obama’s actions are unconstitutional and represent an abuse of executive power.

    The main point of contention against the Obama Administration’s executive actions on immigration is that they go against the principle of separation of power and usurp legislative authority regarding the implementation of immigration laws. The historical precedence regarding immigration law is that Congress has the authority to regulate immigration and legislate any laws surrounding it. Article 1, Section 8 of the US Constitution goes on to entrust the legislative branch to “establish a uniform role of naturalization.” Such language confirms the fact that Congress is to have the primary power in establishing laws that determine how noncitizens are to become citizens of the United States. The idea of Congress having the power to regulate immigration has been upheld by the Supreme Court cases in many cases such as Henderson v. Mayor of New York and Arizona v. United States.

    Additionally, President Obama using an executive order to influence existing law may set a precedent for future Presidents to use executive authority to address matters explicitly reserved for other branches of government.
    Additionally, opponents of President Obama’s immigration executive order argue that his decision to not enforce existing immigration law is a violation of his Constitutional powers. Article 2, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” Such guidelines mean that the President cannot nullify or not enforce laws that they do not agree with. An example of a law passed by Congress that President Obama has chosen not to support through his executive order is the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (IIRAIRA). The purpose of the Act was to improve border security by increasing the powers and responsibilities of agencies charged with monitoring visa applications. Additionally, the law gave federal agents increased latitude with deporting undocumented immigrants. Considering such factors, it can be argued that President Obama is acting outside of his Constitutionally defined powers by issuing the executive orders regarding immigration.

    In conclusion, the debate over immigration reform has emerged as an important political topic over the past few years and has served to highlight the partisan divisions between both the Republican and Democratic parties. Numerous solutions were proposed to address the issue, but the stark divisions between both sides have thus far prevented any substantial reform from emerging. The executive orders issued by President Obama has added to the debate over illegal immigration and has raised numerous questions about the powers of the executive branch. It can be argued that President Obama’s executive order are in violation of the principles of separation of power and are in violation of the President Constitutional powers, in particular, their obligation to uphold and execute all laws. Only time will tell if the issue of immigration reform will become settled law and whether or not President Obama’s executive actions will be deemed Constitutional or not.

  • “Why Iran Should Get the Bomb” Article Review

    “Why Iran Should Get the Bomb” Article Review

    In his most recent Foreign Affairs article “Why Iran Should Get the Bomb,” political scientist Kenneth Waltz explores the background behind the debate over the Iranian nuclear program. Since 2002, a major discussion has emerged at the international level regarding the Iranian nuclear program and the true nature behind it. Many countries such as the US, Israel and the UK have argued that Iran is seeking to develop nuclear weapons, whereas the Iranian government has denied such claims and instead argues that its nuclear program is for peaceful purposes. Additionally, the issue has resulted in increased tensions between Iran, the US, and Israel and serves as a roadblock preventing the normalization of ties between all three countries. In contrast to other political commentators and policy-makers, Waltz argues that that Iran possessing nuclear weapons would restore stability and correct the imbalance of power in the Middle East.

    Waltz feels that the Iranian nuclear program crisis could end in three possible outcomes. The first outcome is that Iran gives up its nuclear ambitions in the face of increased international sanctions and diplomacy. The next possibility is that Iran develops breakout capability (the ability to develop a nuclear weapon quickly), but stops short of testing a nuclear weapon. The third scenario is that Iran goes ahead and tests a nuclear weapon. Even though the US and Israel are strongly opposed to the last outcome, historical precedent shows that when a new state develops nuclear weapons, imbalances of power are reduced and regional stability typically emerges.

    Waltz argues that Iran is seeking to develop their own nuclear weapons in response to Israel’s nuclear weapon monopoly. For example, Israel has been a nuclear-armed state at least since the late 1970s and is one of 4 nuclear-armed states that is not a signatory to the Nuclear Non-Proliferation Treaty. Israel’s possession of nuclear weapons has served to increase instability within the Middle East, in addition to its hostile relations with its neighbors and support by the US. As opposed to using nuclear weapons offensively against the US or Israel, Waltz states that Iran is seeking nuclear weapons for its own purposes of national security and to correct the imbalance of power within the region.

    Waltz also mentions that another concern among Western leaders is that other countries would follow suit in developing nuclear weapons if Iran tests one, but history shows that there has been a slowdown in nuclear proliferation over the past few decades. Waltz further states that if both Iran and Israel are nuclear-armed states, they will deter each other and the chance of a major war between both will be less likely to occur. In conclusion, Waltz believes that the U.S. and its allies should give up their concerns about Iran developing nuclear weapons and take comfort in the regional stability that may emerge as a result. The arguments that waltz makes throughout the article present an entirely different picture regarding the Iranian nuclear program and offer an alternative view on the factors behind it.