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utilize1808 | 1 month ago

> International law has a number of enforcement mechanisms.

That's rather naïve.

How do you propose to enforce the law when the offender possesses the greatest military/economic/technological might, even compared to the rest of the (law-biding) world combined?

US, for quite some time, is the international law.

discuss

order

_DeadFred_|1 month ago

Article 6 of the United States Constitution says international law is United States law. US courts are the enforcement mechanism as far as the United States Constitution is concerned.

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land" https://constitution.congress.gov/constitution/article-6/

In the Treaty of the Danish West Indies the US will "not object to the Danish Government extending their political and economic interests to the whole of Greenland" https://www.govinfo.gov/content/pkg/STATUTE-39/pdf/STATUTE-3...

dragonwriter|1 month ago

> That's rather naïve.

No, its factual.

> How do you propose to enforce the law when the offender possesses the greatest military/economic/technological might, even compared to the rest of the (law-biding) world combined?

Had you read the entire comment you were responding to, you would note that as well as pointing out that international law has enforcement mechanisms, that I pointed out how the executive part of those differs from what many national criminal law systems use (which is a real difference), and moreover the problem they have with conflicts of interests between any of the available executive agents with many important enforcement issues (a situation which also happens with national criminal law systems even where, unlike international law, they have a nominally-dedicated executive body for enforcement purposes rather than relying on the adjudicative/determinative body calling for an ad hoc posse the way that international law generally works.)

utilize1808|1 month ago

I did. It's simply that it's not clear how the "difference" you described makes any difference here.

Was it you who wrote the lines for Sir Humphrey in Yes Minister?

LadyCailin|1 month ago

What about when a police officer gets qualified immunity after murdering someone? Does this mean the US has no enforcement mechanisms?

dragonwriter|1 month ago

Or what happens when crimes are committed by, or at the direction and with the protection of the President of the United States.

I think most people would not argue that “US federal criminal law has no enforcement mechanism”, they would argue that “US federal criminal law has a significant practical enforcement problem where enforcement of the law conflicts with interests of the chief executive”.

utilize1808|1 month ago

Didn't see that one coming.

Not sure what your agenda is but that's just the law *enforcement* doing the enforcing part. You can argue that it is unjust, that's a separate issue.