While such manipulations as (which Israel is a master at) - threat of being ridiculed, threat of reputation tarnished and destroyed as a professional and person, through alleged involvement in criminal acts or of being a sex offender, and finally threat to life itself, these earlier did not get much global attention. But this time around ordinary people are personally revolted by acts against Humanity and the Genocide carried out by Israel with pride and displayed as trophies challenging the world to dare question or prevent them.
It is the first time in History, a Genocidal Leader,- who takes pride in displaying at UN the systematic illegal occupation and stealing of another nation’s land;
a leader who sees his religious belief (Zionism) as a way to sanction Genocide, Crimes against Humanity and War Crimes;
a leader who calls for total annihilation of another nation, even children as they can be future security threat;
who takes pride in war crimes committed by Israeli forces and gives them respect and demands for more acts of “nationalism”;
leader of a nation where genocide of Palestinians is celebrated and songs with lyrics that celebrate the inhumanity shown to Palestinians by Israeli forces top the charts;
a leader who has no second thoughts for Palestinians burnt alive in front of their loved ones;
a leader who thinks part of illegal occupation is to ensure the dehumanization of the occupied population;
a leader of a country where citizens went on mass protest and barged into security areas to release criminals (Israeli soldiers) charged with rape of a Palestinian youth, who had to be hospitalized because of impact of Israeli torture;
a leader who believes it is democratic to assume Palestinian who question Israel’s illegal occupation as terrorists;
a leader who asserts capital punishment to be carried out against any Palestinian who dares to stand against Israel and its government machinery, even a stone thrown by a child on an Israeli Solider is an act of crime or terror act;
a leader who consider capital punishment of all assumed, alleged terrorists is a just act and bombing and sniper shots the apt methods for the same;
a leader of a country that justifies slaughter of civilians including women and children as capital punishment for relationship with alleged terrorist or terrorist by association, proximity, lineage and familial links;
a leader of a country that believes a religious text is a valid universal legal document to assert for land rights over other nations and to carryout genocide for the same; a leader of a nation who frightened an infant, while cradled in mother's arms, fear so strong that infant’s heart stopped.
How does such a leader get so much of diplomatic power and respect? Prime Minister Netanyahu got Standing Ovation, numerous times, at the US Congress? This power is not based on any act of Israel or its leaders, it is the outcome of inherent illegality in US Governance. A Governance system where any Presidential Executive Order of the President of the United States has limited scope to be questioned and is allowed to by the US Supreme Court to reign supreme over national and international laws.
Just Curious how is it legally possible, even if US Constitution makes provision for power of President and his Presidential Executive functioning, that an executive order is above other provisions within US constitution and provision of international laws.
For in doing so doesn’t US Presidential Order which is basically a single individual’s subjective interpretation of local governance, supersede the powers of International Criminal Law, International Humanitarian law, Rule of Law and concept of Jus Cogens.
The Presidential Executive Orders are able to do so because three aspects are overlooked in the interpretation of law when focusing on the perceived threat to US ally Israel as it commits War Crimes, Crimes against Humanity, and Genocide against Palestinians. These being:
1. Isn’t source of law an important criterion for interpretation of law.
2. Isn’t Hierarchy of Law a crucial reality in interpretation of law.
3. Isn't presence of circular reasoning and its illegality an issue when the President's EOs become basis of addressing role and decision about international issues, especially when war crimes and genocide are involved.
US and Presidential Executive Orders:
United States has many levels of codified and uncodified forms of law, of which the supreme law is the nation’s constitution, which prescribes the foundation of the federal government of United States and various civil liberties. The Constitution sets the boundaries for Federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch and case law originating from the federal judiciary [1].
According to review of literature, “Presidential Executive Orders (EOs) are official documents...through which the President of United States manages the operations of the Federal Government. The relevant directive cites the President’s authority under the constitution and statute (sometimes specified). EOs are published in the Federal Register, and they may be revoked by the President anytime. Although Executive orders were historically related to administrative matters and the internal operations of the Federal agencies, recent Presidents have used Executive Orders more broadly to carry out policies and programs [2]
The US governmental authority is divided into three branches of government-the legislative, executive and judicial, each with specified duties on which neither of the other branches can encroach. In the process of governing, each of the branches contributes rules to the body of law of its jurisdiction. The term sources of law refers to the different forms various rules take. The legislative branch passes statutes, the judicial branch issues opinions, and the executive branch drafts regulations [3].
The final branch of government formed by constitution mandating Separation of Powers is the Executive branch, which consists of Chief Executive and various cabinet departments and agencies that report to the chief executive. At the Federal law, the President acts as the chief executive, the constitution usually charges the chief executive with enforcing and executing laws of its jurisdiction.
Based on the individual interpretation of US Security concerns, Presidents of United States have changed the profile of Executive Orders, a clear shift is seen in 2004, when then President Bush set up Homeland Security Information Sharing in July 29th 2003. But its move towards creating President’s Board on Safeguarding Americans’ Civil Liberties, which is part of “Department of Justice for administrative purposes’ to ‘take other efforts to protect legal rights of all Americans including civil liberties”, and information privacy granted by Federal law, as the President may direct, this move created a basis for protest.
The Executive Order to create President’s Board on Safeguarding Americans’ Civil Liberties faced strong objection and it led to creation of independent body, the Privacy and Civil Liberties Oversight Board [ibid]. Isn’t the issue here also the scope for bias through circular reasoning and if that is the case why is this not relevant when Executive Orders are used to address International legal issues, as one individual who signs the EO also decides on its legality within the context of International Laws, International Humanitarian Law and rule of law itself. Besides aren't international laws, treaties above executive orders in US Law, as per hierarchy of law.
As per US Constitution, Article II, section 1 The Executive Power shall be vested in a President of United States of America. Within the constitution and with regard to Executive Orders, the President of United States has only Executive powers and not to make laws that are upheld by entire US governance machinery, unless it goes through the due legal process [4]. Yet, international conflict which largely funded by United States of America is managed by Presidential Executive Orders and it rarely goes through the due legal process of creating law as per US legal Process.
In spite of these limitation these documents (EOs) with limited legal binding are used to veto ceasefire calls at the UN, even though the US representative at UN has the knowledge that the US veto would ensure a situation where famine would be inevitable and also ensure that Israel would continue to bomb, sniper shoot, bull doze dead and live beings at a burial ground that existed or Israeli forces created. This process has been continuing for over a year and US representative has used veto power to silence calls for ceasefire, each veto has led to deterioration of situation on the ground and yet US never thought it legal to ask itself whether Presidential Executive Order has the legal power to be the legitimate base to go against calls for cease fire in Gaza supported by almost all members of United Nations.
How is it legal that Presidential Executive Order, which within US constitution only provides for administrative powers, ensure the US law is adhered too and implemented. Even with regard appointment of staff within legal institutions and others, President is not the sole authority, others are part of the process, it only when a lower down staff is hired the President and others (including department head) can make the decision without involving others [ibid].
American law is derived from Constitutional law, statutory law, treaties, administrative regulations, and common law (which includes case law) [5]. As Executive Orders are part of administrative regulations, and this is the last with regard to hierarchy of law [6], then how come Executive Orders that are signed by President United States without any other process is considered to be above UN Charter agreement, above United Nations Resolutions, above US Constitution (use of EOs for dealing with issues linked to war crimes, crimes against Humanity and Genocide is to consider them as part administrative problems), above concept of Jus Cogens.
Referred links
1. https://en.wikipedia.org/wiki/Law_of_the_United States
2. United States Government Department of Justice. Executive Orders
https://bja.ojp.gov/program/it/privacy-civil-liberties/authorities/executive-orders
3. https://www.law.uga.edu/sites/default/files/u307/Sources%20of%20Law%20-%20CALI.pdf
4. https://constitutioncenter.org/media/files/constitution.pdf
5. https://en.wikipedia.org/wiki/Law_of_the_United States
6.https://www.law.uga.edu/sites/default/files/u307/Sources%20of%20Law%20-%20CALI.pdf
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