The year when the USA defines itself

In 2026 we will see whether the USA’s stance on justice, right over wrong, and the rule of law defines its integrity…or is just BS

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Овца с хищным взглядом

Kramer versus Kramer, one of many films produced in the United States of America shining the spotlight on Washington’s stand as an upholder of what is right, the rule of law, the importance of justice and following the norms of due legal process. Netflix and other channels are full of such material, and very entertaining it is to watch. What a pity it would be to conclude that this noble stance is confined to movies and that in reality, it is bullshit, a scam, and utterly meaningless because in reality US justice is a fly in the wind, values can be bought and morals simply do not exist.

Ball in the court of the US justice system

And here is the crux of the matter which started on January 3rd in Venezuela. It is now up to the courts and judicial system in the United States of America to decide whether an act which has no legal basis whatsoever can be manipulated cynically into a legitimate course of action.

Let me start by saying that contrary to a lot of people, I get Donald Trump. This does not mean I agree with him, and on this point I most certainly do not, but I get where he is coming from. I get the MAGA movement, I get the MAGA supporters. I am not one of them, but I get it. It’s a desperate attempt to clutch at something of substance, whatever kind of values in a murky world.

Secondly, sorry to disappoint a lot of people, but the President of the United States of America is someone sitting in a chair with a vice placed either side of his cujones. He can be from either Party, both of which represent the same vested interests. It is not a democracy, it is an example of the corporatist model where the corporations back the person who they think will win, and/or who will further their interests. “The President has decided…” is in fact only a half-truth.

That does not exonerate President Trump from his actions, however. Now, what he does in his own country is none of my business because I am not an American, neither have I ever been there. But what he does overseas is my business because his jurisdiction starts and ends at the frontiers of his country.

Does Rubio think we are all stupid, or what?

In Venezuela, the USA has no jurisdiction whatsoever, in any way, shape or form, despite the puerile, lightweight and Lite, ignorant and imbecilic attempts by its Secretary of State, one Mr. Rubio, to try to justify the unjustifiable. Does he think we are all stupid, or what? This has nothing to do with what the Maduro couple may or may not have done. That is for a court to decide, but not this court in New York and not in the USA. Neither have any jurisdiction to try the case and detain the prisoners.

No legal basis for any case

There are rules for these things. If it was a military strike, which it most undoubtedly was because the military was used, it matters not how or why, then there has to be a UN mandate, or the act must be in self defence. Neither were the case, so as a military strike, it is illegal, and period. Ah but it wasn’t a military strike, it was a police detention, they claim.

Again, there are mechanisms. Police operations or any operation under any legal auspices cannot be carried out overseas without minimum requirements, meaning operating through the existing channels. Unilateral policing operations cannot be carried out abroad. They are illegal.  The only exceptions are when the nation involved has given its consent, which was not the case; when the action is through official bilateral or multilateral law-enforcement programs with consent, which was not the case. US agents do not have the authority to arrest foreign nationals abroad outside these mechanisms. So in either case, the action of the USA on January 3rd in Venezuela is illegal under international law.

Illegal, then criminal. Accountability?

Therefore the actions are criminal. Over fifty people were allegedly murdered, there was illegal intrusion into the territory of a sovereign nation, there was wanton destruction of property, both State and private, there was an act of kidnapping, illegal detention, possible disrespect of diplomatic norms, there was serious bodily harm with intent. This was not a covert operation, it was a blatant act of terrorism. Those responsible are liable for prosecution.

Now we shall see how the United States of America handles this. Will it show us its concern with following the rule of law, with justice, with right over wrong? In which case, no case against the Maduro couple can be tried in the USA and they must be released and compensated.

I have no idea what the “evidence” against the Maduros is but this is immaterial. Let me finish with an analogy.

There is a guy living down the road who beats his dog. I decide that he is a “horrible person”, gather together 25 of my friends, invade his home, murder 40 members of his family and drag him back to my wine cellar for detention.

What are the courts of any country going to decide?

For some international leaders, we saw a cowardly shrug with the comment “Ah well, it’s better off without him”. But that is not for them to decide. It is for the people of Venezuela.

The history book will be the final judge of this, whatever the courts in the USA decide. They will tell future generations whether justice exists in the USA, whether Washington respects international law and whether the USA of Donald J. Trump is a state of law or a pariah banana republic fruit case.

Timothy Bancroft-Hnchey can be reached at timothy.hinchey@gmal.com