Login or Register
Alien Tort Statute, a challenge to the Sovereignty of Nations
December 27, 2013 by:
Ravikumar Ambadi Points: 12
Alien Tort Statute, a section of US law is being misused by many people to initiate legal actions even in the incident that happened outside US. This can only be seen as a challenge to the sovereignty of other nations.
Alien Tort Statute is a section of US law that allows any district courts in US to take action against anybody who is working against any law of nations or a treaty of the United States of America. Recently an American court has issued notices to several Indian National Congress leaders including its president Sonia Gandhi and Indian prime minister Man Mohan Singh in a case filed by an organization Sikhs for Justice. They have filed the case in an American court to convict the culprits of Sikh massacre that happened after the murder of then Prime Minister Indira Gandhi.
The same law has been used to justify the invasion of US in Afghanistan and in Iraq too. Human right violations are to be protested against and to be avoided at any cost, but that does not mean that the sovereignty of nations can be questioned by a super power. It is nothing but another type of human rights violation. Whatever may the mode of deciding a government to rule each nation, the people of the nation approves them except in some cases. But in a country like India which follows the democracy, each government which rules the nation is being elected by the people of India. In India, there are written laws to accommodate any incident including human right violations. There may be difference of opinions in implementing the laws, but that does not mean that it needs the intervention of US or any other country to involve in the matter.
Secondly, in a highly civilized world, each nation has to respect the sovereignty of other nations. When internal troubles occur such as rebellions or civil wars, then the international community can interfere with the internal matters of such countries, but strictly with the approval of United Nations. In such cases the culprits should be trailed in international court and not in a district court of a nation. These all are widely accepted civil codes in the world.
Finally, if USA is boasting it as the custodian of human rights and stepping into the shoes of international watch guard to protect human rights violations, several questions will arise about the violations happened in Guantanamo and at various places in Afghanistan and Iraq during American invasion. If an Indian court or a court of any other country for that matter sends summons to American President or the secretary who is in charge of external affairs or defense, what will be their reaction? Will they accept such incidents as a natural flow of justice?
It is high time for the US authorities to open their eyes. They may be a rich country with enough arms and ammunitions. But that does not mean that they can control all other nations.
No response found. Be the first to respond to this post
Log In to post comment