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Law of the Sea Blown Out of the Water

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Hugo Grotius was one of the finest thinkers of the Renaissance era. nnAnd that’s because his view of international relations made him the first major thinker to explicitly reject the idea that “might makes right.” His work laid the foundation for a legal and moral order among nations grounded in reason, justice, and shared principles rather than brute force. Grotius argued that natural law—a set of moral principles inherent in human nature—should guide international relations. This meant that even in the absence of formal treaties, nations were bound by universal ethical norms.

His book, “On the Law of War and Peace” (1625), is credited with the founding of international law.  It outlines principles for just war, natural law, and the rights of nations and individuals during conflict.  Grotius argued that even in war, certain moral and legal rules must apply — a revolutionary idea at the time.

The Renaissance is known as a time of the rebirth of learning in the West, really a rediscovery of the humanism that dominated ancient Greece and Rome. If one looks at the actions of Donald Trump’s Administration, it seems as if we’re going back in time. The United States’ strikes against drug vessels in the Caribbean are a case in point. As of Nov.-10, the US military has carried out at least 19 strikes, killing more than 76 people, as part of Trump’s efforts to crack down on drug trafficking. Senator Rand Paul (R-Ky,) said these actions “go against all of our tradition” and added, “All these people have been blown up without us knowing their name, without any evidence of a crime.”

“So, if our policy now is to blow up every ship we suspect or accuse of drug running, that would be a bizarre world in which 25% of people might be innocent,” Paul said in a report.

The strikes were an escalation in an effort to target vessels transporting narcotics. Secretary of Defense Pete Hegseth’s firing of the military’s top Judge Advocate General officers from the Army, Navy, and Air Force was also disturbing. Hegseth said in a report that he fired the Air Force and Army JAGs because they were “roadblocks to orders that are given by a commander in chief.” JAGs provide guidance to commanders on international laws relevant to military operations. John Richardson, a retired former chief of naval operations, praised the expertise JAGs offer the military at the Center for New American Security think tank.

“I always wanted to have a very professional and knowledgeable and capable JAG corps,” Richardson said in a report. “They need to win their case for the service and advise commanders how to do their jobs.”

We have a Secretary of Defense who doesn’t want there to be any roadblocks, military strikes on ships, and we’re unsure if the people on them are guilty of anything, and, in addition, troops in American cities and a possible push for a war to initiate regime change in Venezuela. This is a volatile mix. We’re looking at an administration that doesn’t seem to care about the law, even though it uses the term “law and order.” Yes, I do think the Trump Administration’s attempt to end the war in the Middle East is admirable. However, there are dangers elsewhere.

Does the Administration want to retreat into the Western Hemisphere, sometimes called the “spheres of influence” in international relations theory, so it can concentrate on this hemisphere? In what way does it want to project power? It seems to me that it doesn’t want power constrained by law, contradicting the flawed but better world that Grotius helped construct in the Renaissance. Can we find our way back to law? 

 

Jason Sibert of St. Louis, Mo., is the Lead Writer for the Peace Economy Project.

Email jasonsibert@hotmail.com.