United States of America

Summary of Conclusions

1. Since the terrorist incidents of 11 September 2001, the United States of America (“United States”) has flagrantly committed international acts of aggression against other members countries. These acts of aggression constitute grave breaches of international law and jus cogens norms, and must immediately stop.

2. Democracy is withering and may not survive the next election cycle. The American legislative branch is controlled by a two-party system which is unresponsive to the needs of the domestic population and which has prevented any action on economic, social or cultural human rights. Exploitation in the health care and educational systems, which are largely for-profit, is rife, and the human rights to health and education are subject to systemic infringement in the United States.

3. Racism and gender discrimination are endemic, and the United States continues to implement a de facto apartheid state which prevents people with black skin from accessing social wealth. Black people account for 33% of the U.S. prison population despite being 12% of the national population.

4. By ignoring the threat of climate change, the United States is creating a world of “climate apartheid”—one where rich countries are able to stave off some of the effects of climate change while poor countries are left to bear the brunt of climate-fueled disasters. In so doing, the United States is laying the foundation for massive, worldwide infringements of human rights that may last for centuries to come.

Analysis

Wars of Aggression and Human Rights Consequences

5. Since the attacks of 9/11, the United States has blatantly committed international acts of aggression against other United Nations member countries.

6. Aggression is the supreme crime in international law, a jus cogens norm of international law from which no derogation is permitted. Aggression is banned by the United Nations Charter.

7. In March of 2003, the United States led a coalition of countries that illegally invaded the Republic of Iraq. This invasion was an act of aggression, committed in violation of the United Nations Charter. The invasion of Iraq was not done in self-defense, and it lacked authorization from the United Nations Security Council. As a result of the invasion, the Republic of Iraq, in its then current form, was annihilated.

8. The United States officially withdrew troops from Iraq in 2011. However, the United States still exerts significant power over Iraq’s political and social institutions.

9. The United States government was closely involved and remains so in the creation of the new political systems of Iraq after it destroyed the former political systems by force.

10. This infringed on the Iraqi people’s right to self-determination. Economic and social development in Iraq has also been halted due to the destruction of property and infrastructure. Continued violence and instability affect the nation post-invasion.

11. The United States military is also involved in conflicts in Afghanistan, Syria, Yemen, Somalia, Libya and Niger. In many of these nations, the United States has employed the use of airstrikes that have resulted in the indiscriminate killing of civilians, violating the right to life and violating international humanitarian law.

12. United States forces have also committed human rights abuses including violating the right to life, the rights to be free of acts of torture and inhumane treatment, and the right to a fair trial.

13. There are numerous reports of torture at United States-controlled military facilities. The United States has failed to investigate these reports or hold high ranking military or political officials accountable for torture. This is despite the statement of the former President of the United States, Barack Obama, who admitted in 2014 that the United States of America had “tortured some folks.”[1]

14. Additionally, at least forty people remain subject to indefinite detention at Guantanamo Bay as of May 1, 2018.

15. Wars of aggression, and war crimes committed thereto, are supported in United States domestic law by the 9/11 Authorization to Use Force, Pub. L. 107-40, 115 Stat. 224 (the “9/11 AUMF”). Since the terrorist incidents on 11 September 2001, the 9/11 AUMF has been used by the United States of America to justify over 40 military actions in at least 19 different countries. The domestic legal basis for these military actions is exceedingly thin. The international legal basis for these military actions may be totally nonexistent.

16. The current administration has taken an aggressive stance towards Iran and has recently announced plans to send troops to support the Kingdom of Saudi Arabia against the Islamic Republic of Iran, making more war and instability possible. An attack against Iran not authorized by the United Nations Security Council, and not conducted in self-defense, would constitute the crime of aggression.

The Breakdown of Democracy and Human Rights Consequences

17. The United States is currently witnessing a breakdown of its democratic norms towards a system of open oligarchy, whereby a two-party duopolistic system, controlled by corporations and other powerful, monied interests, maintains control over all aspects of politics. Undue and likely unconstitutional deference given to the Executive Branch by the Legislative Branch has created a political form of elective dictatorship, e.g., an elected President now wields powers without accountability or discretion (particularly in matters of foreign policy), subject only to the control of an election every four years.

18. Campaign finance—The current campaign finance system in the United States favors individuals and corporations who can give large donations over average citizens. Politicians cater to special interest groups that possess large amounts of money, and the identities of these political donors are often concealed from the media and voters.

19. Police intimidation—Acts of police intimidation and force have been used to disperse protests and discourage other public political speech. The current administration has made threats to diminish the freedom of the press, and the government has cracked down on journalistic practices and whistleblowers.

20. Restrictions on voting—Access to voting is limited to many American citizens. Over four million Americans had their right to vote stripped from them due to being convicted of a crime. Laws exist in many states that create obstacles to obtaining the right to vote such as voter ID requirements and other registration restrictions. Even citizens who legally have the ability to vote face difficulties that prevent them from doing so such as long lines, faulty ballot machines, incorrect voter registration lists, and restricted early voting and vote by mail methods.

21. Gerrymandering—Partisan redistricting and gerrymandering limit the fairness of elections. They prevent certain minority communities from having their vote truly heard, and simply solidify the control of the two parties in Congress.

22. Foreign interference—In 2016 the United States saw foreign powers interfere with its elections. Proper steps have not yet been taken to prevent further threats to fair elections, and it is likely that foreign powers are actively interfering in the 2020 Presidential and Congressional elections.

23. Politicized courts—The federal court system in the United States has become politicized as judges are selected through political means at all levels, often with influences from big money voters. The selection of federal judges and justices to the Supreme Court has become a contentious issue in Congress. This politicization of the Court limits the independence of the judiciary and destorys the public’s trust in the courts.

24. Racial and systemic bias—The United States justice system limits access to justice for racial minorities and low-income populations. People are unable to obtain effective legal representation in the criminal and civil systems due to economic hardships. Many Americans are detained in pretrial detention due to an inability to post bail, contributing to the high levels of incarceration. The limited ability to access justice has resulted in a disproportionally high population of minorities and poor people in the US incarcerated population.

25. Lack of accountability for grave crimes committed by political officials—High ranking officials in the United States have failed to be held liable for international criminal acts. In the case Saleh et al. v. Bush et al., 848, F.3d 880 (9th Cir. 2017) the United States Court of Appeal for the Ninth Circuit granted immunity to Bush administration officials and prevented further inquiry into the illegal war in Iraq. To date, this has been the only attempt to investigate and create accountability for the crime of aggression in Iraq.

26. If nothing is done to reverse these trends, democracy may not survive in the United States for much longer.

Climate Change

27. The United States is leading a campaign to prevent action on climate change by the international community, and to preserve the powers of fossil fuel corporations in manufacturing and distributing fossil fuel products.

28. In so doing, the United States is threatening the biosphere and the lives of future generations.

29. By failing to take immediate steps to deal with the problem of climate change, the United States is violating the right to life, particularly the right to life of future generations to live on a hospitable planet. It is likely the case that countless people around the world will now die prematurely, who would otherwise live, because of delayed action on climate change and the consequent rise of climate-fueled disasters, heatwaves, hurricanes, droughts, and accompanying political instability.

30. The United States is violating the right to self-determination of poor and developing countries—countries that will bear the brunt of climate-fueled disasters. Many countries will witness their shorelines disappear. Some countries, like small island developing states, will disappear entirely.

31. The United States is violating the right to health of its citizens and other citizens in other countries by refusing to take action on mitigating climate change.

32. Many large multinational corporations that are world’s largest contributors to greenhouse gas emissions are headquartered in the United States. The United States has failed to implement effective controls over these corporations, and in fact, is taking steps to remove regulation so that these corporations can increase their greenhouse gas emissions.

33. A complete breakdown of the world’s climate system is imminent. By failing to take action to prevent this breakdown, the United States is creating a world whereby human rights may be increasingly impossible to protect and sustain.

Recommendations

The United States must:

· End its criminal wars of aggression immediately

Implement full and fair elections, based on merit and not on money
Preserve the independence of the judiciary at all costs
Investigate and prosecute high ranking leaders for the crime of aggression and the crime of torture
Enact government policies to immediately tackle all forms of discrimination, including (where appropriate) equal access to resources to descendants of slaves, including restitution or reparations
Recognize the terrible challenges of climate change and immediately take steps to
- Restrain fossil fuel corporations from further emitting greenhouse gases
- Implement a just transition to an economy that is designed to restore the natural ecosystem and drawdown carbon from the atmosphere
- Protect most vulnerable communities in the US
- Honor treaty obligations to assist poor and developing countries with climate resilience strategies
Ratify the International Covenant on Economic, Social and Cultural Rights
Join the International Criminal Court
Participate in good faith with the international legal order