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utilize1808 | 1 month ago

The difference is that in the national case, justice is expected; whereas in the international case, it must be understood that there is not supposed to be a "enforcement mechanism" that delivers justice.

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dragonwriter|1 month ago

In both case there are enforcement mechanism that deliver the will of the enforcers collectively which sometimes correlates with justice or at least a reasonable reading of the letter of the law; in both cases there are a wide set of failure modes from the perspective of law and even moreso justice, because law enforcement (and, in the case of concern for justice, also law making) rely on institutions ultimately composed of people, and the interests of those people is often not in the law or justice.

If you see the difference as being “in the national case, justice is expected”, you either have an extremely naive view of national law, or at a minimum of an extremely narrow and privileged one.

utilize1808|1 month ago

Sure, you can argue that "justice is expected" doesn't align with how the real world actually operates, but in the modern interpretation, national law enforcers are supposed to be subject to the same law they are enforcing (whether that is actually the case is another issue); they may break the law some times, but being a law enforcer does not exempt them from the obligation of obeying the law. In other words, law and its enforcement apply universally.

In the international case, it is understood that the "law enforcers" are not obliged to play by the same rule. The "enforcement" therefore only applies selectively. Then the law cannot really be said to have been being enforced, because they don't apply to the "enforcer".