Re: Koh's article in the economist from a couple of weeks ago ...

1) We are the most visible outlier.  For all of their atrocities,
Messieurs Qaddafi et al have kept a much lower profile than us.  Whether
or not that's a communication issue is debatable, but I would think the
world is right in holding us to a slightly higher standard of behavior
than Turkmenistan?

2) We may disagree on the validity of freedom from want -- I for one
believe in freedom of opportunity rather than want.  The latter is
nonetheless a freedom, and one that we're not very good at providing
(again, relative to other rich democracies).  Merely pointing out that
our track record on economic human rights is suspect does make a strong
case, but is factually correct in and of itself.

3) Take it from someone who grew up in communist Russia -- without
freedom from fear, all other freedoms are meaningless.  Fear is what
challenges and questions every other promise that this nation has made
to its people ... That's why some people are up in arms about things as
trivial as library background investigations.  That is Koh's strongest
point that renders everything else as back up evidence.

4) The Chinese regime has run over students with tanks 14 years ago and
counting.  A lot of these guys (including the boss) are out of power,
and China (however frustratingly) is making a transition towards a MORE
(relatively) democratic society without submerging in a Russia-like
bedlam.  As far as Russia in Chechnya, Turkey in Kurdistan, Pakistan in
Kashmir, etc, yes, Mr. Koh could and perhaps should have used those
examples.  It has been this nations policy to justify the means by
holding up the end for the past 160 years, and it has piled up a solid
track record of more good ends than bad.  However, as they say in the
mutual fund business, past performance does not guarantee future
returns.  It has worked for us in the past, but nonetheless contains
moral and strategic flaws that should be and were pointed out.

Lastly, this administration has been notoriously cavalier about how it
presents its actions to the world.  I have said to you (John) time and
time again, the longer I hang out in this little world of ours, the more
I am convinced that the wrapping matters more than the gift therein.
What we do is often masked, distorted and undone by how we do it.  In
this light, a photo opportunity with the United Nations would have been
more than appropriate.

Good night,

Andrew Medvedev
Boston, Massachusetts

-----Original Message-----
From: John D. Giorgis [mailto:[EMAIL PROTECTED] 
Sent: Sunday, November 23, 2003 10:00 PM
To: Killer Bs Discussion
Cc: [EMAIL PROTECTED]
Subject: Re: Rights to Remember (Harold Hongju Koh)


I think that I have as much respect for _The Economist_, which I read
religiously each week, as anyone on this List - but I must admit that I
was
embarassed to read this piece a week or two ago.   It is not so much
that
_The Economist_ is printing a critique of the Bush Administraiton's
policies on civil liberties - their editorial Board does that regularly
enough - but rather my incredulity that they could find this
ridiculousness
worthy of devoting three pages of magazine space to.    

First, I hope that it is self-evident to everyone here that when Mr. Hoh
writes that the US has moved from being the most visible supporter of
international human rights to, and I quote, "its most visible outlier" -
he is clearly lacking in all credibility as a sincere appraiser of the
situation.    In a world population by such nations as the DPRK, the
People's Republic of China, Saudi Arabia, Syria, Libyan Arab Jamahiriya,
Turkmenistan, and Zimbabwe - to call *the United States* the most
visible human rights outlier should leave everyone absolutely
speechless.

Meanwhile, Mr. Koh's very understanding of human rights is also suspect.
He frequently hints at international covenants enshrining "freedom from
want" - but to the best of my knowledge, that has pretty much been a
European "human rights" construct, and indeed, the United States has
regularly shied away from codifying such "economic human rights."   Mr.
Koh's lack of specifics on this point, other than a vage reference to
The
New Deal further confirms my suspicions on this point.   

He furthermore accuses the Bush Administration of reducing America's
"human rights presence around the globe" - which I find very difficult
believe, and somehow connects this to Bush's policy of prioritizing
"freedom from fear" above the other fundamental human rights of "freedom
of speech, religion, and from want."  (apparentlly freedom of the press
and expression
didn't rate for him, among others)    I'll concede right now that if you
follow this "logic," you are one step ahead of me.   

In addition, given only a short space in which to present his case Mr.
Koh
recurringly resorts to very strange examples.    For all I know, the
Pakistani population of Atlantic County, NJ has decreased by 50% because
the only Pakistani couple living there got a divorce.    At any rate,
why
the population of Pakistani immigrants in a single New Jersey county is
of even the remotest interest goes left unsaid.

The examples become a bit more frequent for Mr. Hoh when he seeks to
indict Bush for providing "cover to many foreign governments who want to
use
"anti-terrorism" to justify their own crackdowns on human rights."   Of
course, one of these examples is of Australia which if you think about
Mr.
Hoh's previous statements is just a little bit funny.    Is Australia
*really* seeking cover for crackdowns on human rights from the actions
of
Mr. Bush?    Indeed,  if that is a little bit funny, how about the fact
that the other examples of human rights crackdowns come from countries
that
have been cracking down on human rights for generations.   For example,
he
cites the recent three-year extension of Egypt's emergency law, without
ever mentioning that it has been in effect since at least the early
1980's.
  Not exactly a lie on Mr. Hoh's part I guess, but not exactly the truth
either.   Yet, this is not even Mr. Hoh's worst sin.....   Mr. Hoh
appears
to sincerely believe that a Chinese regime which has run over unarmed
students with tanks is somehow seeking cover for their policies from the
actions of Mr. Bush.    Again, not only does all of this not make sense,
but it is so ludicrous as to call into question Mr. Hoh's credibility.

Lastly, I ask all of you to apply your critical faculties to what is
surely the most absurd of Mr. Koh's statements, even after considering
all of the above.

Mr. Koh, when asked to lay out the one way in which he would have
changed history to prevent what he consideres the diastrous current
state of the affiars - the very first thing that he proposes is that on
12 September 2001 the President of the United States should have
immediately scheduled a photo opportunity at the United Nations.

Yes, Mr. Koh, surely that would have changed everything.

JDG
_______________________________________________________
John D. Giorgis         -                 [EMAIL PROTECTED]
               "The liberty we prize is not America's gift to the world,

               it is God's gift to humanity." - George W. Bush 1/29/03

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