A Pragmatist Weighs In

This article is a response to an article in the last edition of The Sydney Globalist, entitled ‘Rethinking Crisis’. To view past editions of the magazine, click on ‘Past Editions’ from the menu above.

In his article ‘Torture Under International Law: Setting A Dangerous Precedent’, Matthew Kalyk is correct to point out that the Obama Administration ought to prosecute Bush officials – in a perfect world, that is. It would send a clear indication of America’s commitment to international humanitarian rights law. Unfortunately, however, we do not live in a world of legal perfectibility.

One must consider the consequences of such an action, both domestically and internationally. Domestically, the Obama Administration would lose the support of moderate and conservative Americans alike; indeed, loss at the forthcoming general election is likely. With Obama’s popularity already plummeting amid a controversial reform agenda, is it prudent to polarise America even further by commencing prosecutions against Bush officials?

Obama holds the key to returning America to multilateral policies. Never has such a powerful impetus for change swept through America – and, it seems, the world – since his election. An Obama loss in 2012 might well signal a return to American unilateralism and exceptionalism, which were the root causes of the country’s disregard for international humanitarian law in the wake of September 11. This culture of ‘going it alone’ was the true enemy of human rights enforcement, not Bush officials per se.

The solution is by no means elegant or at all completely desirable, and I sympathise completely with the sentiment of the author’s article. But we must be attuned to the long-term consequences of short-term enforcement.

Linton Teoh is in his fifth year of a combined degree in Law and Arts, majoring in Latin and Greek.