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BOLTON: A 'world turned upside down'? U.S. now a judicial target for defending lawful commerce
The Washington Times ^ | April 17, 2009 | John Bolton

Posted on 04/18/2009 2:20:55 AM PDT by Scanian

The Spanish Inquisition's reawakening and the unchecked rise of piracy off Somalia may not, at first glance, seem to have much in common. In fact, however, these phenomena represent an inversion of historic Western priorities and a decline in our collective resolve and instinct for self-defense.

Sunday's daring rescue of U.S. freighter Capt. Richard Phillips notwithstanding, the West's evident confusion is causing enormously dangerous consequences.

The shared element between excessive Spanish moralism, the contemporary version, and pirates with impunity is the concept of "universal jurisdiction" and how that concept has been recently transmogrified.

From ancient times, it was legitimate to use military force against hostes humani generis, "the enemies of mankind." Now, the high-minded not only reject that perspective, but perceive the real "common enemies" to be on our side of the barricades.

The Romans understood well that pirates operated beyond any legal order and that due process for pirates consisted in destroying them. Well into the 19th century, when the "common enemies" concept expanded to cover slave traders, law on the high seas came largely in the form of the British Royal Navy, and later our own. This naval jurisdiction derived from their global reach and their willingness to do civilization's hard work.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Culture/Society; Foreign Affairs; News/Current Events; Philosophy
KEYWORDS: bho44; bolton; exceptionalism; inquisition; maritime; piracy; somalipirates; spain

1 posted on 04/18/2009 2:20:55 AM PDT by Scanian
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To: Scanian

I wish Bolton would run for the Presidency.


2 posted on 04/18/2009 2:54:47 AM PDT by Venturer
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To: Venturer

As much as I love Bolton, I fear he cannot win. He is a provocator, not a moderator. A successful politician, like Ronald Reagan, works to persuade his enemies over to his point of view. Of course, Reagan could not win today.


3 posted on 04/18/2009 3:15:27 AM PDT by Lonesome in Massachussets (The age of 0bama: the transient ischemic delusions of adequacy decade.)
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To: Lonesome in Massachussets
Of course, Reagan could not win today.

No wonder you're Lonesome in Massachusetts.

4 posted on 04/18/2009 3:20:16 AM PDT by EternalVigilance ("Our flag still waves! And we shall NEVER let them tear it down!" - Alan Keyes, 4-15-09)
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To: Scanian
The Romans understood well that pirates operated beyond any legal order and that due process for pirates consisted in destroying them

I like John. bfl.

5 posted on 04/18/2009 3:26:52 AM PDT by Dosa26
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To: Scanian

Soo...would the theory of universal jurisdiction allow us to charge these Spaniards with...Ohh...lets say providing aid and comfort to our enemies?


6 posted on 04/18/2009 3:28:24 AM PDT by Red Dog #1
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To: EternalVigilance

Reagan carried Massachusetts handily in 1984.


7 posted on 04/18/2009 3:34:55 AM PDT by Lonesome in Massachussets (The age of 0bama: the transient ischemic delusions of adequacy decade.)
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To: Lonesome in Massachussets

That’s my point.


8 posted on 04/18/2009 3:36:19 AM PDT by EternalVigilance ("Our flag still waves! And we shall NEVER let them tear it down!" - Alan Keyes, 4-15-09)
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To: Red Dog #1

Fine idea. Give them a taste of their own (stupid) medicine!


9 posted on 04/18/2009 3:51:53 AM PDT by junkman_106 (The ACLU can have arial intercourse with a rotating glazed pastry!)
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To: junkman_106
Actually to more I think about the concept, the more I like it. For instance, once we have a conservative government in place again (it'll happen sooner or later), couldn't we charge the EU with economic repression of their populations or for interfering with our elections? The possibilities for conjuring up conspiracies and crimes are endless, which is exactly why universal jurisdiction is a very bad idea.
10 posted on 04/18/2009 4:11:53 AM PDT by Red Dog #1
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To: Scanian

He’s got it exactly right.


11 posted on 04/18/2009 5:13:09 AM PDT by Travis McGee ("Foreign Enemies And Traitors" will be ready the first week of May.)
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To: Travis McGee

Though he makes too much sense, and these are not their days.


12 posted on 04/18/2009 6:30:21 AM PDT by onedoug
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To: Lonesome in Massachussets
Of course, Reagan could not win today.

Huh?

13 posted on 04/18/2009 8:14:05 AM PDT by LoneRangerMassachusetts
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