-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: May 7, 2007 7:05:25 AM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Fwd: World Returning To the Law of the Jungle, Thanks To
Bush & Blair!!
looking back over the past 10 years, there plainly has been --
Emperor Blair. As Lord Hailsham predicted in 1978, we have been
heading steadily towards a form of "elective dictatorship." Those
who wield such power barely recognise the state they are in.
Invoking the Hans Christian Andersen fable, we now have an emperor
with no clothes, with trust stripped away, who is impervious to the
incredulous gaze of even the youngest elector.
As always, power corrupts, and absolute power tends to corrupt
absolutely. There has been the termination by the Government of a
corruption investigation into B.A.E. contracts with Saudi Arabia.
Not only was the corruption inquiry stopped on a spurious basis,
conveniently citing the risk of terrorism, but the Government next
covertly tried to remove the head of the world's main anti-bribery
watchdog, the Organisation for International Co-operation and
Development, which is on the point of investigating the decision of
the U.K. government under its international obligations.
See what's free at AOL.com.
From: "Jim S." <[EMAIL PROTECTED]>
Date: May 6, 2007 6:53:24 PM PDT
To: undisclosed-recipients:;
Subject: World Returning To the Law of the Jungle, Thanks To Bush &
Blair!!
Reply-To: [EMAIL PROTECTED]
http://comment.independent.co.uk/commentators/
article2516660.ece Michael Mansfield: The Emperor has no clothes
The world is returning to the law of the jungle, thanks to Bush and
Blair
Published: 06 May 2007
An under-recognised English political philosopher said, in 1776, in
his work entitled "Common Sense": "In America the Law is King.
For, as in absolute Governments, the king is law, so in free
countries, the law ought to be king; and there ought to be no
other." Thus spake Thomas Paine, echoing the words of John Locke
in 1690.
There ought to be no other... but looking back over the past 10
years, there plainly has been -- Emperor Blair. As Lord Hailsham
predicted in 1978, we have been heading steadily towards a form of
"elective dictatorship." As always, power corrupts, and absolute
power tends to corrupt absolutely. Those who wield such power
barely recognise the state they are in. Invoking the poignant tales
of Hans Christian Andersen, we now have an emperor with no clothes,
with trust stripped away, who is impervious to the incredulous gaze
of even the youngest elector.
The route to this parlous situation has been brought about the
Blair Government's -- Gordon Brown included -- disregard for the
substance and instruments comprising the rule of law, both
internationally and nationally. This is somewhat surprising given
the number of lawyers within government, especially Mr. Blair
himself, and given their remarkable predilection and appetite for
legislation.
The zenith of this thinking was achieved during the Prime
Minister's party conference speech in 2004 in which he flaunted the
"Respect Agenda" using these words: "Respect is about more than
crime. It is about the loss of a value that is a necessary part of
any strong community; proper behaviour; good conduct; the unselfish
notion that the other person matters." While millions of pounds
appear to have been devoted to this agenda, it is certainly not one
that has been put into practice by the Government. This has been
well noted by a series of judgments handed down by the House of
Lords, as well as the population at large. The result has been not
just an evaporation of trust in this Government and politicians
generally, but also a catastrophic erosion of the authority of
international agencies that might otherwise have been able to bring
about effective relief and peace.
When Thomas Paine wrote the words quoted, he also had a vision,
even then, of the need for supra-national organs of law to curb
excesses of power exercised by nations and to enforce
accountability. Since then, there has been much toil, effort and
blood spilt, in order to forge international standards that set a
universal agenda and code. It has been manifest through a number
of treaties and organisations including the League of Nations; the
Kellogg-Briand Pact; the Nuremberg Trials; the Universal
Declaration of Human Rights and the establishment of the U.N.; the
European Convention on Human Rights and its recent incorporation
into U.K. domestic law; the International Court of Justice, the
International Criminal Court, both established in The Hague. They
have one purpose, to circumvent the policy of realpolitik in which
"might is right" and gunboats settle arguments. There is little
point in the years of hard work erecting this panoply, if it can be
ignored.
This has been accomplished in a number of ways. There was the
failure to abide by the regime established under the U.N. Charter
and, in particular, the failure to obtain a second resolution from
the U.N. before invading Iraq. Since that time, there has been
British collusion with the totally unlawful regime at Guantanamo
Bay, only publicly denounced by Blair in July 2006; collusion with
rendition flights; a preparedness to countenance the possibility
that evidence that might be the product of torture could be used in
the hearings of the Special Immigration Appeals Commission and the
approval given to unlimited detention of foreign suspects without
trial, or charge, in Belmarsh Prison.
The phrase "an abuse of power" was expressly used in 2006 by Mr.
Justice Sullivan in relation to the way in which three successive
home secretaries had treated a number of Afghan asylum-seekers
escaping the rigours of the Taliban: He said: "There was a complete
failure to comply with the relevant provisions of the civil
procedure rules at every level of the proceedings and to comply
with the duty of a public authority to co-operate and make candid
disclosure." Equally strident language was employed by their
Lordships in the Belmarsh case in 2004 when comparisons were made
with France before the revolution, with Stalinist Russia and with
Nazi German. Little wonder thereafter that there have been vicious
attacks on the judiciary by various politicians.
Blair's capricious approach to obligations arising under the rule
of law has recently been brought home by events in Iran, North
Korea, Zimbabwe, and Sudan. In Iran and North Korea, it did not go
unnoticed that, instead of complying with our obligations under the
Nuclear non-Proliferation Treaties, Mr. Blair has committed the
U.K. to a new Trident replacement costing at least £30bn. When
seamen are captured by the Iranians and Mr. Blair turns to the U.N.
for help, the Iranian president is not impressed. Equally,
President Mugabe can tell Mr. Blair to go hang, despite the
illegality of much that he is doing internally. Sudan is unwilling
to prevent the genocide that has reached catastrophic proportions
and, once again, both Europe and the U.S. are reluctant to become
involved after the debacle of Iraq.
On top of this has been the termination by the Government of a
corruption investigation into B.A.E. contracts with Saudi Arabia.
Not only was the corruption inquiry stopped on a spurious basis,
said to be linked to the risk of terrorism, but the Government then
covertly tried to remove the head of the world's main anti-bribery
watchdog, the Organisation for International Co-operation and
Development, which is on the point of investigating the decision of
the U.K. government under its international obligations.
In short, the world is fast returning to the law of the jungle,
thanks to an example, in the end, set by Bush and followed by Blair.
~~~
[Michael Mansfield QC is a human rights lawyer.]
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