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Anti-ICC sentiment is a simple desire for impunity The sole motive for the anti-ICC arguments raised by organizations such as the African Union is a drive towards impunity – particularly for heads of state. The prosecutions of Uhuru Kenyatta and Omar al-Bashir, so viciously opposed by the AU, are a show that heads of state are and should be subject to the international criminal law – a principle that dates back to Nuremberg. An African Criminal Court would simply be granting African leaders’ carte blanche to perform crimes against humanity, as there would be a ready-made court to acquit them. | |
Just as much of a violation of sovereignty as the ICC Part of the calls for an African Criminal Court are based on the perception that the national sovereignty of African nations is being attacked in some way before the International Criminal Court. However, an African Criminal Court would be just as much of a violation of the sovereignty of individual African nations as the ICC; it is a system of courts outside the control of the nation of those it is trying. European states object to courts outside their control dictating even when they are regional courts – consider the reactions to the European Court of Human Rights on areas like voting for prisoners or to the European Court of Justice. That these are regional not global courts makes little difference to national opinion. It is no surprise then that not even the EU with its close relations has attempted a supra national criminal court system. | |
Peace is cheaper than war – however much a court case costs, in both human lives and money, it is better for there to be a trial. Even if it is more expensive, justice is priceless – it is not something that can be subjected to cost-benefit analyses or bean counting. The reason why Western countries fund the ICC is not some form of imperialism – simply a desire for global peace, justice and security so they would likely be willing to keep paying much of the cost. | |
If it is a damp squib, so be it – other international organizations have fallen in to disuse – UN institutions that only exist on paper such as the Trusteeship Council are not doing any harm and there would be the fallback of returning to the ICC if things go wrong. | |
It is only fair that the US should have some say on domestic drug policy considering the extent of their military assistance. The offers of assistance are optional and the conditions of compliance are known by both parties. The US gave $6,495 million in military assistance to the Columbian government between 1998 and 2008 to counter the narcotics trade and the rebels who were reliant on the business1. Since this funding comes from the USA’s federal budget, the US should be able to dictate how the money is spent. 1) Acevedo,B. ‘Ten Years of Plan Colombia: An Analytical Assessment’, The Beckley Foundation Drug Policy Programme, September 2008 | |
Sacrifice of sovereignty Guinea-Bissau would have to sacrifice its autonomy if it became the new front for the war on drugs. In order to receive assistance from the US, a state must adhere to US policy on drugs. If it fails to do so, like Bolivia did in 2009, then aid is severed under the certification system1. This restricts the recipient state’s ability to respond to the drug threat in a way that they deem suitable to their own circumstances. As a state should be free to form domestic policy without influence by external actors, the USA’s certification process is a violation of national sovereignty. 1) Walsh,J. ‘U.S. Decertification of Bolivia: A Blast from the Past’, Washington Office on Latin America, 17 September 2009 | |
The judicial system is not capable of handling narcotics cases fairly. Corruption and civil war have left Guinea-Bissau’s judicial system broken. Military leader General Antonio Indaj, who has alleged links to the drugs trade, has vetted all political and judicial appointments1. Considering that Guinea-Bissau has no prison, it is unlikely that those in the drug trade will be properly prosecuted. The US’ judicial system is seen as far more impartial and is, therefore, a more logical choice. 1) Reitano,T. & Shaw,M. ‘Arrest of Guinea-Bissau’s Drug Lords Just the First Step in the Battle Against Trafficking’, Institute for Security Studies, 12 August 2013 | |
Gives power to military coup leaders Assistance from the US would ensure that the coup leaders of Guinea Bissau remain in power. The securitisation of issues such as drugs and ‘terror’ is encouraged by the United States. A major problem with this policy is that it provides undue power and legitimacy to those countering the threat1. In early 2014, the military were still unconstitutionally ruling over the country. The drug war provides an external threat for the military to justify their leadership position. Considering the military has refused to allow democratic elections to occur and has regularly committed coups2, the US drug war could be a perfect excuse for to remain in power until the ‘threat’ subsides. 1) Crick,E. ‘Drugs as an existential threat: An analysis of the international securitization of drugs’, International Journal of Drug Policy, 2012 2) BBC, ‘Guinea-Bissau drug trade ‘rises since coup’, 31 June 2012 | |
Part of the financial assistance received by countries on the front line of the drug war is a fund for ‘strengthening of democratic institutions’. Plan Columbia, the USA’s attempt to reduce drug cultivation, saw 27% of all funding going towards democratic initiatives1. In a review by the Congressional Research Service of US drug control policy, the strengthening of the rule of law and democratic institutions is a priority for the US2. If the US drug war was brought to Guinea-Bissau then funding would most likely go towards promoting democratic institutions and a transition of power from the military to the civilians. 1) Acevedo,B. ‘Ten Years of Plan Colombia: An Analytical Assessment’, The Beckley Foundation Drug Policy Programme, September 2008 2) Wyler,L. ‘International Drug Control Policy: Background and U.S. Responses’, Congressional Research Service, 13 August 2013 | |
There is a stronger focus on alternative development in drugs policy compared to the beginning of the drug war. The United Nations Office on Drugs and Crime (UNODC), historically influenced by US drug policy, has taken an increasingly alternative development-orientated stance. The UNODC has committed itself to effective alternative incomes, gender mainstreaming and community participation which demonstrates a global shift towards beneficial development1. 1) United Nations Office on Drugs and Crime ‘Making a difference through Alternative Development’ data accessed 30 January 2014 | |
Judiciary are undermined Should Guinea-Bissau become the new front of the US drug war then their judiciary will be furthered undermined. The US has frequently tried offenders from other countries in the US, superseding the local judiciary1. While this is usually due to formal agreements between states, extradition can cause indignation amongst the local population. Guinea-Bissau’s ex Naval chief Na Tchuto was arrested by American forces and, rather than allowing his home state to prosecute him, was tried by the New York District Court. This caused resentment in Guinea-Bissau towards the US2. 1) Aronofsky,D. & Qin,J. ‘U.S. International Narcotics Extradition Cases’ 2) Reitano,T. & Shaw,M. ‘Arrest of Guinea-Bissau’s Drug Lords Just the First Step in the Battle Against Trafficking’, Institute for Security Studies, 12 August 2013 | |
War on the poor The war on drugs has turned in to a war on the poorest in society. Through heavy handed techniques of enforcement and militarisation, the American war on drugs has failed to identify to key motivating factor for many of those involved in the trade; poverty1. Guinea-Bissau is the 5th poorest nation in the world, and other primary exports such as cashew nuts are starting to fail1. Due to lucrative profits, many of the poorer in society turn to the drug trade. US policy does not put enough of a focus on alternative development projects which can provide a livelihood through licit means. Instead they are treated as criminals and, in turn, are pushed further away from reconciliation. 1) Falco,M. ‘Foreign Drugs, Foreign Wars’, Daedalus, 121:2, 2007, pg4 2) The Guardian, ‘Guinea-Bissau’s dwindling cashew nut exports leave farmers facing hardship’, 23 August 2012 | |
Corruption is still present in many states which have joined the US drug war. The war on drugs has done little, and perhaps exacerbated, Columbia’s corruption despite US assistance. In 2011, Columbian ex-government ministers were jailed and prosecuted for corruption and co-operation with paramilitaries.1Judicial reforms have also met with varied success. The Merida Initiative in Mexico, designed at removing the corruption of the cartels, has failed to address corruption in the judicial system which is still rampant. 2 1) Bogota,S. ‘Closer and closer to the top’, The Economist, 29 July 2011 2) Corcoran,P. ‘Mexico Judicial Reforms Go Easy On Corrupt Judges’, In Sight Crime, 16 February 2012 | |
Interdiction rarely works. If Guinea-Bissau were to remove illicit drug operations from within its territories then the cartels would move elsewhere. Known as the hydra effect, once one potential drug route is cut off then another one is found and the trade continues1. This was the case for interdiction efforts between the US and Mexico. Initial government operations were successful at interdicting drugs being shipped between South American and Florida. In retaliation, traffickers began to use the US-Mexico border. The border witnesses large volumes of trade and interdicting the drugs proved to be nearly impossible2. It is logical to conclude that traffickers would find a new way to ensure drugs reached the Western markets if Guinea-Bissau sought US assistance. 1) Boaz,D. ‘The Hydra-Headed Drug Business’, CATO institute, 30 June 1998 2) Morton,D. ‘The War on Drugs in Mexico: a failed state?’, Third World Quarterly,39:3, pg.1639 | |
US will provide equipment Guinea-Bissau should join the US drug war as they do not have the means to fight the war themselves. The local law enforcement is underfunded and ill-equipped to deal with the international threat. Guinea Bissau has one ship which patrols 350km of coastline, their officers have little in the way of land transport, petrol, phones or hand cuffs1. The limited reach of the law has allowed the cartels and gangs to prosper which, in turn, further damages law and order in Guinea Bissau. US military assistance will therefore help restore law and order to Guinea Bissau. 1) Parkinson,C. ‘LatAm Drug Traffickers Set Up in Guinea-Bissau, Expand in Africa’, In Sight Crime, 29 August 2013 2) Acevedo,B. ‘Ten Years of Plan Colombia: An Analytical Assessment’, The Beckley Foundation Drug Policy Programme, September 2008Shirk,D. ‘The Drug War in Mexico’, Council of Foreign Relations, March 2011 | |
Becoming a narco-state Guinea-Bissau’s social fabric is being destroyed by the presence of the drug trade and requires international support. Guinea-Bissau has been named as Africa’s first Narco-state; a country controlled by drug cartels and gangs. Violence committed by these gangs has escalated since the arrival of the Columbian cartels in 20071. Addiction, a consequence of the cocaine and heroin use, is prevalent throughout much of the country. It was estimated in 2012 that around 20-30% of the population use crack, an extremely addictive form of cocaine, and there is only one clinic in the country2. The only people who are visibly profiting from the presence of drugs are the Columbian drug lords who have extravagant mansions and modern cars3. Guinea-Bissau cannot hope to fight the prominence of these gangs by themselves and require aid. 1) Time, ‘Guinea-Bissau: World’s First Narco-State’, data accessed 28 January 2014 2) Hatcher,J. ‘Guinea-Bissau: How Cocaine Transformed a Tiny African Nation’, Time, 15 October 2012 3) Vulliamy,E. ‘How a tiny West African country became the world’s first narco state’, The Guardian, 9 March 2008 | |
Deal with Corruption Guinea-Bissau’s institutions have become too corrupt to deal with the drug problem and require support. The police, army and judiciary have all been implicated in the drug trade. The involvement of state officials in drug trafficking means that criminals are not prosecuted against. When two soldiers and a civilian were apprehended with 635kg (worth £25.4 million in 2013), they were detained and then immediately released with Colonel Arsenio Blade claiming ‘They were on the road hitching a ride’1. Judges are often bribed or sent death threats when faced with sentencing those involved in the drug trade. The USA has provided restructuring assistance to institutions which have reduced corruption, such as in the Mexico Merida Initiative, and could do the same with Guinea Bissau. 1) Vulliamy,E. ‘How a tiny West African country became the world’s first narco state’, The Guardian, 9 March 2008 2) Corcoran,P. ‘Mexico Judicial Reforms Go Easy On Corrupt Judges’, In Sight Crime, 16 February 2012 | |
Prevent drugs from reaching Western markets By joining the war on drugs, Guinea-Bissau will be in a better position to thwart the transportation of cheap cocaine and heroin to Europe and North America. Guinea-Bissau’s position makes it ideal for the cocaine trade, where drugs can be unloaded from Latin America and then distributed more easily to the West1. Around 18 tons of cocaine (worth $1.25 billion) passes through West Africa annually, most of it travelling through the state2. US assistance and interdiction operations would help prevent illicit drugs from reaching the profitable Western markets. 1) Smoltczyk,A. ‘Africa’s Cocaine Hub: Guinea-Bissau a “Drug Trafficker’s Dream”, Spiegel, 8 March 2013 2) Hoffman,M. ‘Guinea-Bissau and the South Atlantic Cocaine Trade’, Centre for American Progress, 22 August 2013 | |
Considering that many of the military leaders have an invested interest in the drug trade, it is unlikely that Guinea-Bissau will seek help on these grounds. Antonio Indaj, the army’s Chief of Staff, was accused in 2013 of acting as a middle man in transactions between the South American cartels and the Western markets1. Not only has he been involved in drugs transactions, but Indaj has also been accessed of supplying weaponry to the FARC. This makes it unlikely that these leaders would want US assistance which would disrupt their profits and possibly leave them open to prosecution. 1) Hoffman,M. ‘Guinea-Bissau and the South Atlantic Cocaine Trade’, Centre for American Progress, 22 August 2013 | |
US assistance does not guarantee success against illicit drug organisations. Despite the militarisation of the drug war in the Reagan-era, armed gangs are still prominent throughout the drug world. In Columbia, the left wing FARC still remains despite decades of war against the Columbian and USA governments1. The FARC, who use drugs for much of its income, still control large territories in the South Eastern territories. The effectiveness of military aid is consequently uncertain. 1) Acosta,N. ‘Colombia’s FARC rebels end holiday ceasefire’, Reuters, 15 January 2014 2) Vulliamy,E. ‘How a tiny West African country became the world’s first narco state’, The Guardian, 9 March 2008 | |
Modern society discriminates itself against the principles of individuals choosing self-determination and parental rights when it comes to the opposite case. There are high double standards when for example a couple chooses that their child should be deaf, just as they are. This was the case with Tomato Lichy and his partner Paula, who wanted IVF in order to produce a child that was deaf- just as they are. The “embryo bill in 2008 (UK)” passed with a clause that exactly prohibits such actions as the deaf couple in limits of their right to self-determination and parenting requested. Clause 14/4/9 states that, "Persons or embryos that are known to have a gene, chromosome or mitochondrion abnormality involving a significant risk that a person with the abnormality will have or develop a serious physical or mental disability, a serious illness or any other serious medical condition must not be preferred to those that are not known to have such an abnormality." (1) Specifically this means that in cases of embryos the law makes parents choose the healthy embryo over the embryo of their decision. It is unjust to appeal towards the rights of self-determination and parental rights if they are not applicable to all parents and if the distinction is made based on arbitrary definitions of valuable physical characteristics. 1 Dominic Lawson, Of course a deaf couple wants a deaf child, 03/11/2008, , accessed 05/23/2011 | |
Parents have a right to acquire and act upon medical information This argument comes from the idea, that a body is the property of its owner, as well as a fertilized egg is the property of the couple that created it whom also have parental rights a) Self-determination Some proponents of genetic screening might go as far to create the distinction between an embryo and a child: considering an embryo not to be a living being, but rather just a mass of cells, makes it possible to avoid entirely considering the "screening" process as a selection process between living human beings. Rather, it could be interpreted merely as a selection between different organizations of cells that have differing potential to become healthy "life". b) Parental rights Currently we allow couples to choose not to have children due to their own genetic deformations. We allow them to tie their tubes, get sterilized due to their own decision not to have children with genetic defects or children at all. Experts suggest, that due to the sanctity of parental rights, the principle decision making should be in the hands of the parents, also regarding the power over the future of their DNA. With this, the society respects the principal decision making right of the individual to control their family and the destiny of their offspring (1). Mainly making it a next step in deciding what their course of action regarding children will be. 1 Renee C. Esfandiary, The Changing World of Genetics and Abortion: Why the Women's Movement Should Advocate for Limitations on the Right to Choose in the Area of Genetic Technology William and Mary Journal of Women and the Law, published 1998, , accessed 05/23/2011 | |
Seen from a philosophical point is that if a child is not brought into the world, it has not benefited of the community and in that sense you can never harm a person by bring it into existence, unless the person's life is so dreadful that nonexistence is preferable. That life with a disability or chronic illness is predictably worse than non-existence is not plausible for most of the defects for which we test, even Down syndrome, which is the most tested for and common reason for abortion, Where in fact a happy disposition is actually a characteristic trait. Hence, bringing a child into existence cannot count as harming it. (1) 1. Stanford Encyclopedia of philosophy, , accessed 05/24/2011 | |
Genetic testing ensures the best quality of life for children vulnerable to heritable diseases We have a duty to the child to give it the best possible start in life, and if the technology is available to determine whether a baby is brought into the world with or without a genetic neurological disease such as Huntington’s, cystic fibrosis or sickle cell anemia, we should exercise that right. A child that has Cystic Fibrosis (CF) produces too much fluid and mucus in the lungs, pancreas and passage ways, which then become thick, sticky and hard to move. This means that germs get stuck in the mucus and the child suffers from a lot of infectious diseases. Thus lead to reduced life expectancies (1). For the gene detectable blood disease Thalassemia in its moderate and severe forms children may need very frequent blood transfusions, which over time lead to damage of heart, liver or other organs. Or may need stem cell transplants (bone marrow transplants) in order to get these transplants children will usually need to undergo radiation and need to have the luck of a well matched donor (2). Congenital malformations, deformations, chromosomal abnormalities are the leading causes of 20% of infant deaths in the US. More than 6,000 single-gene disorders - which occur in about 1 out of every 200 births - such as cystic fibrosis, hemochromatosis or sickle cell anemia. Dr. Gregor Wolbring (University of Alberta in Canada) sees embryo selection as "a tool for fixing disabilities, impairments, diseases and defects"(3). If we have ways to prevent children from such suffering and can manipulate only with those genes so that they do not have to suffer, we should do so. 1. KidsHealth, , accessed 05/21/2011 2. Mayo Clinic, , 05/21/2011 3. MedicineNet.com , accessed 05/23/2011 | |
The genetic test does not prevent or cure anything. It merely asserts whether someone is a carrier of a genetic disorder. The testing would be paid for by couples to see if they are both carriers of this disorder. The decision then a couple can make based on the screenings is then to: a) not have children together The idea of these tests preventing people from marrying is mental. In our liberal society surely it is love that counts in a relationship, not how well your genes fit together to make the perfect child. b) choose in vitro fertilization In order to make them prevent the disease, so that the defected genes (in some cases) can be manipulated. c) abort the present fetus We pressurize and take away choices of the parents, by giving them the knowledge, regarding their children. A professor of Law at Harvard University, Paul Freund also takes up the position that an unborn child has the right to random genes. Freund states, 'The mystery of individual’s personality, resting on the chance combination of ancestral traits, is the basis of our sense of mutual compassion and at the same time, of accountability." Professor Freund suggests that the ethical approach to advances in genetic technology allows the random assortment of genes to take effect, thereby protecting the sanctity of the human individual (1). Further on with the advances in medicine genetic conditions and disorders no longer present such a burden on the children and enable them to live a good lifestyle and have high survival rates. 1. Renee C. Esfandiary, The Changing World of Genetics and Abortion: Why the Women's Movement Should Advocate for Limitations on the Right to Choose in the Area of Genetic Technology William and Mary Journal of Women and the Law, published 1998, , accessed 05/23/2011 | |
Liberal societies have a duty to minimise avoidable suffering that might affect their members Some of the genetic diseases tested include great suffering for the individual, one of them is the Tay Sachs syndrome. Where nerve cells become fatty from reoccurring infections.(1) This is a disease, where even with the best of care; a child dies at the age of 4. Another is also Down Syndrome, where half of the sufferers have heart defects, increased risks of types of leukemia and high risks of dementia. Physical and mental limitations are also a feature of such a defect which causes many children to die early. (2). So it is the duty of any society to prevent such sufferings for both child and parents at any cost or method. A similar view is shared among the Jewish community, who has problems with a high prevalence of Tay Sachs syndrome. They believe that due to the psychological and physical repercussions of the birth of a child with the genetic disorder it is better to screen and choose a healthy embryo (or abort the present pregnancy). (3) So because such diseases cause great distress for the involved parties and we could prevent it, it is morally right for society to engage in genetic screening. 1. National institute for Neurological Disorders and Stroke, , accessed 05/24/2011 2.Medline Plus 10/18/2010, , accessed 05/24/2011 3. Daniel Eisenberg, A Jewish perspective on issues related to screening Tay-Sachs disease, , accessed 05/24/2011 | |
Most genetic screening tests can also be performed at home, with results sent only to the user and so kept secretly – away from insurance companies and health institutions. It is then the domain of the individual itself if he or she wants to disclose this information. Discrimination based on the genetic pool currently seems to be rare but since thousands of Americans are accustomed to a health insurance system in which known risks carry financial penalties, they do not disclose this information (1). Regarding genetic screening in the UK, there is a voluntary ban among members of the Association of British Insurers from being able to access the results of genetic tests (apart from Huntington’s disease). This ban will be again reviewed in the year 2014 (2). 1. Amy Harmon, Insurance Fears Lead Many to Shun DNA Tests, 02/24/2008, , accessed 22/05/2011 2. Impact, , accessed 22/05/2011 | |
Genetic screening allows for parents to give their children the possibility of living a life without a debilitating genetic condition. Surely those who live with these conditions would not want to have other endure their pain, when there is an option not to. By having these genes that cause such pain, and short life expectancy eventually removed from the gene pool we are also increasing the strength of the human race. Genetic screening is only to be used to prevent and let families know about genetic defects. It is not discrimination to want humans to not bear genetic defects that debilitate their life, or end it premature through pain and suffering. | |
A screening culture may lead to the value of human life becoming distorted Genetic engineering treats embryos like commodities: “if the product isn’t sufficiently equipped, doesn’t produce the desired results – we will not launch it”. Even if we weren't considering embryos to be "human life", it is inappropriate to treat them as commodities with an "option to purchase". This cheapens at least the potential life-forms these embryos can become. Views of doctors and also future parents regarding the value of their unborn children’s lives are changing. In a survey taken in New England (USA), there was a substantial majority in favor of genetic screening for a wide range of disorders. About 11 per cent of the couples have also admitted to wanting to abort a child that was genetically predisposed to obesity. A condition with which it is possible to live a good lifestyle (1). With allowing more and more genetic screening and abortions / manipulations based on genes we are making life more of a commodity. 1.Jim Leffel, Genetic Technology, Engeneering Life: Human Rights in a Postmodern Age, , accessed 05/23/2011 | |
Genetic destabilisation Natural selection is the process whereby people mate, have children and those children enrich the gene pool – if they survive. Occasionally genetic mistakes are made in that reproduction. As long as the result is not fatal, that mistake can begin to infiltrate the gene pool. More people may come to have this mistake in built into their genome. Whilst we may see it as a mistake in our current living conditions, that mutant gene may be a defense to future conditions. For instance, the spread of sickle cell anemia in Africa. This disease causes red blood cells to carry less oxygen due to the squashed nature of all the red blood cells. This condition causes people to die younger, in 1973 life expectancy for a sufferer was 17, and it is now 50 and above. However, sickle cell anemia is a natural immunity against malaria. The life expectancy for someone with malaria is far lower.[[Sickle cell disease, QualityHealth, 13th January 2011, accessed 25/05/11]] We need different genes in the human gene pool even if we do not see the benefit of them now. | |
Genetic screening may lead to the pooling and centralised storage of genetic information Most diseases people will not have heard of. Such tests can be used also to store DNA in a database. The hotly debated idea of a DNA database has received much criticism. By framing the question of the ethics of a DNA database in this light is much more positively received by the public, and this is a way governments and insurance companies will change the public perception of a DNA database. Health insurance companies in America and life insurance companies in Britain will be very keen in the use of this data in order to give higher premiums to those who show positive for certain diseases. Such genetic screening then may lead to companies demanding information about clients before ensuring them. This fear of insurance in the US being denied due to genetic predispositions is not groundless. A study conducted by Georgetown University Health Policy Institute in 2008 proves a similar point. In 7 of 92 underwriting decisions, insurance providers (hypothetical cases) decided, they would deny coverage, charge more or exclude certain conditions from coverage based on genetic test results (1). 1. Amy Harmon, Insurance Fears Lead Many to Shun DNA Tests, 02/24/2008, , accessed 22/05/2011 | |
Genetic screening may lead the marginalisation of those living with genetic disorders Seen from a philosophical point is that if a child is not brought into the world, it has not benefited of the community and in that sense you can never harm a person by bring it into existence, unless the person's life is so dreadful that nonexistence is preferable. That life with a disability or chronic illness is predictably worse than non-existence is not plausible for most of the defects for which we test, even Down syndrome, which is the most tested for and common reason for abortion, Where in fact a happy disposition is actually a characteristic trait. Hence, bringing a child into existence cannot count as harming it. (1) 1. Stanford Encyclopedia of philosophy, , accessed 05/24/2011 | |
Side proposition are not suggesting that natural selection would not still occur, but that seriously debilitating genetic diseases would no longer lead to the death of many infants, or the poor quality of life. In 1973, we did not have the technology to prevent malaria which we have now. With the technology we have today we can manage and treat many more illnesses than previously thought possible. | |
In 2006 already Baroness Ruth Deech, the former chairwoman of the Human Fertilisation and Embryology Authority in the UK explained, that it is far more ethical to choose an embryo before implantation, than getting pregnant, deciding there’s something wrong with the baby and then aborting it. Mainly it is the duty to impose the right restrictions that would enable a distinction on what is necessary for a normal lifestyle and where to draw the line for genetic predispositions (so for example to not abort or not implant babies with genes for obesity). Also it is in the human nature to abort fetuses from the uterus if they are not healthy, it is a help to the natural process. Because during every cycle of a sexually active female fertilized eggs if not found to be healthy enough to survive get aborted naturally (1). 1. Head to head: Genetic screening, 05/10/2006, , accessed 05/23/2011 | |
Reality is a lot murkier than theory. How are we to determine a state’s intent? Sometimes good intentions are bound up with bad; public justifications for war may not always represent the real reasons. And who is determine if a peace is just or a wrong has been committed? The nation initiating the war will use its own values to justify its intentions, and these values may be at odds with those of the other party to the conflict. Furthermore, it is altogether possible to fight a war for selfish motives and nevertheless protect civilians and reduce suffering in so doing. | |
Right Intention The intentions behind the war must be good. States have the right to use war to restore a just peace, to help the innocent, or to right a wrong. For example, the US and NATO were justified in using force in Bosnia and Kosovo. Waging war was far more ethical than standing by and permitting genocide and “ethnic cleansing”. | |
Prospect of Success The war must have a reasonable chance of success. War always involves a loss of life, but expending life with no possibility of achieving a goal is unacceptable. Thus, if a fighting force cannot achieve its goal, however just, it should not proceed. Charging an enemy’s cannons on horseback or throwing troops at a pointless occupation are clearly not just actions. | |
Many nations wage war without official declaration (e.g. the USA’s involvement in Vietnam) and act unilaterally instead. Such unilateralism does not necessarily lead to an inevitable circumvention of the Geneva Conventions, it merely avoids the bureaucracy necessary to draw authoritative approval. Moreover, who is to decide which entities can and cannot issue calls to arms? Legitimate authorities have sanctioned some of the most horrific wars in history. | |
Proportionality The goal of the war should be proportional to the offense, and the benefits proportional to the costs. For example, when an attacker violates a nation’s border, a proportionate response might extend to restoring the border, not sacking the attackers’ capital. A war must prevent more suffering than it causes. The Coalition that formed under the aegis of the United Nations to repel the Iraqi invasion of Kuwait fought a proportional conflict to the extent that they did not march on Baghdad after they had pushed the Iraqi Army out of the occupied territory. | |
Just Cause Wars are just if the cause is just. Nations should be allowed to defend themselves from aggression, just as individuals are permitted to defend themselves against violence. In the UN Charter, signed in the wake of World War II, article 2, paragraph 4 altogether prohibits the use or threat of force with only self-defence, as stated in article 51, permitted as a justification to the resort to arms. [1] [1] United Nations. (1945, June 26). Chapter I: Purposes and Principles. Retrieved May 9, 2011, from Charter of the United Nations: | |
Just cause is an elastic concept. Who determines what is “aggression”? Could violating a disputed border region (e.g. Ethopia-Eritrea, Pakistan-India) or imposing economic sanctions (e.g on North Korea) be aggression? And if a state is unable to defend itself, can another state intervene militarily on its behalf? These borderline cases make invoking this criterion very problematic. | |
We have seen that a proportional response frequently doesn’t work. Suicide bombers continue to blow up victims in the Middle East despite the response. Why should a nation tolerate continued aggression for the sake of proportionality? And if a nation knows it is likely to be attacked, why should it wait to disarm the aggressor? Is not pre-emptive action justified to prevent the loss of innocent life? Finally, what of deterrence: a vigorous response to an aggressive act may not be strictly proportionate, but by making all potential aggressors think twice about future actions, it can be justified as saving more suffering in the long run. | |
Sometimes it is morally imperative to fight against overwhelming odds, as resistance fighters did in World War II. Also this condition may give large nations free rein to bully small ones because they could not win a war. It also may cause a country to surrender in a war it might actually win. Weak countries have won wars against powerful ones – look at the American Revolution. Finally, the point at which a war became unwinnable, and therefore unjust by this definition, is often only identifiable with hindsight – consider the Soviet occupation of Afghanistan, or the American involvement in Vietnam. | |
Sometimes going to war before all alternatives are exhausted is the most moral action. For example, a nation might decide to go to war if it determines that waiting would enable to the enemy to increase its strength and to do much more damage than an early war would have inflicted. This, after all, is the bitter lesson of the failure of appeasement in the 1930s. Waiting might allow an invading state to entrench itself so that far greater force would be necessary to remove it at a later date. | |
Legitimate Authority The war must be lawfully declared by a lawful authority. This prevents inappropriate, terrorist-style chaos, and ensures that other rules of war will be observed. For example, when states declare war, they generally follow specific legislative procedures; a guaranteed respect for such procedures is likely to ensure that the nation will respect international humanitarian law, formally codified in the Geneva Conventions of 1949 and updated in the Additional Protocols of 1977. | |
Last Resort War must be a last resort. The state is justified in using armed force only after it has tried all non-violent alternatives. Sometimes peaceful measures – diplomacy, economic sanctions, international pressure, or condemnation from other nations – simply do not work, but they must at least be tried in order to give every chance for a peaceful resolution to a crisis. | |
The traditional just war framework may be difficult to apply to the contemporary war on terror, but whilst war remains, we must possess the just war framework as a strategic tool to both prevent and regulate its occurrence. Whilst they may involve the alteration of certain criteria, as has happened throughout its history, it does not suggest it has lost all use. The Bush administration’s attempts to circumvent the jus in bello principles of non-combatant immunity were stalled, albeit belatedly, by widespread public disapproval, proving the basis for just war thinking is not in vain idealism but moral intuition. Therefore the just war doctrine is not only necessary but to an extent, innate. | |
War is a necessary element in international affairs when there is no scope for diplomacy and conditions dictate that force is necessary to prevent or stop suffering. Few would argue that the United States was acting unjustly in entering the 2nd World War, or that more generally the defeat of the Nazis was an unjust act on the behalf of the Allies. Furthermore, just war theory has little to say on the overall existence of war, but merely seeks to regulate war as a permanent feature of international society. War, as an institution and a human activity, has existed for as long as there have been political communities. The resort to force is therefore not one made due merely to a belief in its legitimacy but a belief in its utility. Just war theory acts therefore as a series of moral criteria to regulate the resort to warfare in order to prevent, rather than exacerbate, war for war’s sake. It recognizes the ‘war is hell’ mentality and is, if anything, born from it, encouraging a resort to force only in cases where diplomacy is unable to function and war is strictly necessary. Even then, jus in bello principles apply to regulate the conflict itself, ensuring that a just war does not descend into the use of illegitimate means and methods of warfare. It does not purport to comment on the matter of the existence of warfare, merely recognises its occurrence and seeks to regulate both its regularity and bloodshed. | |
The just war doctrine encourages resort to war The just war doctrine establishes a framework for leaders to justify the resort to force in any given situation whereby they can find ostensible evidence for all the necessary criteria. It, in other words, leaves war on the table constantly as an option; diplomatic negotiations and bargaining must succeed with the constant shadow of war looming as not only a realistic eventuality, but an eventuality that could potentially be deemed ‘just’ by either side. Any such doctrine therefore renders the resort to war as far too permissive, and encourages the false presumptions of aggressive states that their motives are not only self-serving but legitimate. | |
Just war doctrine is an anachronism The ‘Global War on Terror’, according to the Bush administration and its legal team, ushered in a new ‘paradigm’ of warfare. [1] Characterised by non-state actors, acting across international borders, often from failed states, just war theory is arguably out of its depth in dealing with it. The United States’ war in Afghanistan was not proportional, had little prospect of success in eradicating the ideology of Al-Qaeda itself and certainly was not a last resort, but nevertheless many felt it was ‘just’ in 2001. [1] Lukach, T. (2005, March 17). War on Terror creates New Paradigm for Guard, Reserve. Retrieved May 9, 2011, from U.S. Department of Defense: | |
War is always unjust The formulation of the just war doctrine, a moral framework for the institution of war, inadvertently serves to legitimise its activities and inherent barbarity. It undermines the intuitive norm against warfare by emphasizing the ‘just’ and undercutting the ‘war’, leading to a framing of public discourse whereby anti-war campaigners can be presented and ostracized as traitors and soldiers, even of aggressor nations, heroes. In many religions war can never be legitimised for example in Buddhism “War happens. Buddhism does not deny such facts. It tries to understand how war happens. But Buddhism never accepts or legitimizes war as necessary or “just.” One naturally defends oneself when attacked. One may prevent someone from doing harm to others. Neither, however, justify harming the alleged or imagined perpetrator/aggressor.” [1] [1] Bhikkhu, S. (2003, March). "Just War" is an oxymoron. Retrieved May 9, 2011, from Liberation Park: | |
War has always been an option in international affairs; few rulers before just war theory was developed felt constrained by the absence of such a moral framework. What the just war criterion provide for is a regulatory framework whereby war cannot break out before at least one side satisfies the criterion. As such, this ensures a temporal space for diplomatic negotiations to play out and if necessary, for either top-down pressure from more powerful states or bottom-up pressure from the public to alleviate any desire for war. | |
Some forms of elite manipulation will be much worse under direct democracy. Media barons, for example, influence politics primarily by influencing public opinion. Whereas elected politicians can sometimes resist public opinion, this is not possible if the public make political decisions directly. Under direct democracy, owners of newspapers and other media outlets would be much more powerful because their power over the public mind could be translated directly into political decisions. This influence would even be outsized when individuals opinions are sought, as in the wiki constitution model, as people’s opinions are shaped by the media many will simply follow the lead set by the members of the elite who are setting the agenda through their media networks. | |
Representative Democracy Enables Rule by Elites Representative democracy is less legitimate because it empowers unelected elites. Representative democracy is systematically biased against ordinary people, particularly poor people. Unelected elites like wealthy businessmen, trade union leaders, civil servants, party officials and media proprietors are able to bypass the democratic process and exert direct pressure on elected politicians. This happens because decisions are made behind closed doors by individual politicians who can be easily bullied or bought out. This allows elites to effectively wield public power even when they are not elected themselves. If decisions were made more directly by the people there would be less scope for elites to manipulate the process by simply appealing to a politician’s self-interest. Elite influence is a systematic problem because it is self-reinforcing: elites lobby for laws to preserve their own power and disempower the public. A good example of this is Rupert Murdoch’s behind-the-scenes lobbying for the repeal of regulations preventing him from dominating the media market. [1] Considering that at any past time in the human history the conditions of equality in labour division, education and technological tools were not as favourable as nowadays in terms of allowing citizen political involvement, a more participatory political decision-making must be now taken into account. [2] A clear example is the Iceland's "wiki constitution" (2011). [3] Then, although the classic criticism against direct democracy formulas based on the premise that size creates problrms –referring to the difficulties to shape participatory citizen deliberation in our enormous current nation-states– may still be true, cultural, social and technological conditions for participation have become much more favourable. [1] Toynbee, P. (8 July 2011). “The game has changed. The emperor has lost his clothes”, The Guardian. [2] Resnick, P. (1997). Twenty-first Century Democracy. Montreal & Kingston; London; Buffalo: McGill-Queen's University Press. p. 84 [3] Siddique, H. (9 June 2011). “Mob rule: Iceland crowdsources its next constitution”, The Guardian. | |
The problem of domination by elites and assertive minorities will be exacerbated because they are the only people who will be able or willing to make the time to play politics. Participatory democracy demands much more involvement than representative democracy – indeed that’s the whole point. Every single issue is the subject of its own debate, campaign and even referendum, and most voters will lose track. It’s a simple question of motivation: people with extreme views will tend to be strongly driven to impose their beliefs, whilst people whose special interests are at stake will be prepared to go out and fight for them. Ordinary working people or people without strong political views will not have the time or the inclination to put in the high level of involvement participatory democracy requires. | |
Participatory Democracy Produces Better Decisions Participatory democracy will lead to better decisions because laws will only be passed if they can be justified to the people. Professional politicians are disproportionately drawn from the privileged classes and are often ignorant of the effects their policies will have on ordinary people – as are the civil servants who advise them. Moreover, professional politicians are susceptible to corruption, lobbying or bullying by powerful vested interests seeking to direct government policy away from the general interest represented by the vast majority of the individual citizens, who generally lack such a determinant influence over the decision-making. Participatory democracy will therefore make sure that the legislation that is passed will help the people as much as possible; for example they will limit unecessary bureaucracy and make sure that policies are fair. Thus for example Switzerland has passed with 68% of the vote in a referendum a proposal that prevents big payouts for managers known as ‘golden handshakes’ and ‘golden parachutes’ and shareholders will have a veto over saleries. [1] [1] Willsher, K., and Inman, P. (3 March 2013) “Voters in Swiss referendum backs curbs on executives’ pay and bonuses” The Guardian. | |
Participatory Democracy Preserves our Natural Liberty Representative democracy is oppressive because it takes more power away from the people than is strictly necessary. Whilst a completely direct democracy is impractical, we should nevertheless recognise that there is no reason not to have as much direct democracy as possible. In the words of Herbert Marcuse, “Free election of masters does not abolish the masters or the slaves”. [1] The key point is that merely holding an election every four years does not fundamentally alter our state of subservience: at election time, we are given a choice of three or four manifesto programmes on an all-or-nothing basis, manifestos which may never be honoured. The only power over our government we as citizens have is the power to punish politicians retrospectively, by voting them out after years of obeying them. It is quite possible to create an authoritarian system that has regular representative elections, even with several competitive candidates and yet still not be giving power to the people, as is shown by Iran. [2] This is wrong. The presumption should always be that the people keep as much power over their own lives and hand as little to their masters as possible because they never get to consent to the powers that rule them. Given that we are born under governments which exist whether we like it or not, it as an offense to our natural liberty and equality that those governments should hold any more power over us than is absolutely necessary. Besides, when the interests of the state are not the interests of the people, we have the government of the few over the rest. [3] [1] Marcuse, H. (1991). One Dimensional Man. Boston: Beacon Press [2] Gedmin, J. (1 March 2013) “Not All Elections Are Worthy of the Name” Foreign Policy. [3] Pocock, J.G.A. (1975). The Machiavellian moment: Florentine political thought and the Atlantic republican tradition. Princeton (N.J.): Princeton University Press | |
First elections are not just a retrospective vote on how the government did, it is also about what political parties want to do. Yes a few elction promises get dropped but the vast majority stick to their promises because they know that not doing so will result in them losing the next election. It is simply not true that representative democracy is oppressive. If people aren’t happy with the way the government is using its power they can vote for a candidate who promises to undo what the previous government has done, or they can even enter politics themselves. The people can always take back powers that they don’t want the government to have by forming and supporting a party or a lobby specifically for that purpose. The reason why this hasn’t happened yet is that most people are happy with the representative system and do not feel like their liberty is being violated. | |
Professional politicians know that they will be held accountable if they pass policies that are ineffective or damaging. This gives them a big incentive to carefully research all the options before making an important decision, and they have the time and the resources to do so (making decisions is their only job). Ordinary citizens do not have a big incentive to get a policy right unless they can directly see how it affects them, and even if they had the inclination to make an informed decision, they will lack the time and resources. Participatory democracy is therefore much more likely to lead to a muddle of contradictory legislation as different groups focus on different legislation without an overarching vision that advances the nation’s interests. | |
This point only stands if participatory democracy actually involves more participation. In reality, when taking the example of referendums, for most voters all that changes under a participatory system is that they get to vote more regularly – which given how turned off voting many people are this may simply lead to them ignoring all the new votes. In any referéndum all the electors have to do is decide to vote yes or no. There’s hardly any intellectual stimulation at all. This binary choice is much more basic than choosing which political party to vote for, and encourages even sloppier thinking – just look at the misleading claims the “No to AV” campaign spread in the 2011 UK referendum on electoral reform. [1] Then, participatory democracy is not the be all and end all, we should not ask only for more participation but we must move towards a more deliberative democracy, where the public debate and consequent consensus is an important issue to pass new political decisions. [2] [1] Newman, C. (25 February 2011) “FactCheck: the AV campaign gets dirty” 4 news. [2] Elster, J. (Ed.). (1998). Deliberative Democracy. Cambridge: Cambridge University Press. | |
Participatory forms of Democracy Can Restore Trust in Politics Representative systems struggle to sustain popular trust, which is bad for democracy. Public trust in politics always tends to be dented by three specific features of representative systems. Firstly, the perception of elite influence over the political process is a largely unavoidable feature of electoral democracy because such elites are easily placed to manipulate politics, even if they do not actually do so. Secondly, the spotlight in representative democracy is on individual politicians (rather than on policies) and consequently exposing scandals and smearing the characters of politicians is an essential part of the political game: media coverage of politicians is largely hostile (particularly problematic if it diverts discussion from the merits and demerits of particular policies). A third feature of the system is that, since public opinion has no direct power, unpopular decisions don’t have to be properly justified. Governments often defy public opinion when they think a policy will pay off in the long run, and often they don’t really bother explaining why they are doing so (a good example of this is Gordon Brown’s signing of the Lisbon treaty in 2007). These three factors all tend to undermine trust in politics in representative systems. Trust is essential for democracy because without it people will not bother following politics or voting, leaving the door open for elites and aggressive minorities to wield undue influence. A clear example of this phenomenon is in the United States, where Christian fundamentalists – despite being a minority – wield enormous power. The reason for this is that turnout in American elections is very low, whilst fundamentalist Christians are politically very active and organised, allowing them huge influence. | |
Participation Is Good In Itself Giving people more responsibility for making political decisions is itself a good thing. Participating in political decision-making allows citizens to achieve a higher state of intellectual and moral maturity, letting them lead better and wiser lives. Since the difficult business of government forces them to learn how to make tough choices and compromise they will quickly abandon their simplistic prejudices and assumptions. Representative democracy is the opposite: it treats the public as if they are incapable of making important choices themselves, and thus denies most citizens a chance to meaningfully participate. Representative democracy often implies a mercantile vision of the political performance, where the politicians play the role of the sellers and the voters act as a simple buyers of political options. [1] This means that the vast majority of voters remain ignorant at best, and apathetic at worst. This leaves them vulnerable to manipulation by deceitful politicians and political commentators. Furthermore, since many government decisions involve major moral dilemmas, citizens who participate in such decision-making will develop a more nuanced moral understanding and more thoughtful personal conduct. Thus, all democratic participation is beneficial. Participatory forms of democracy allows people to participate more than they otherwise would. Evidence for the impact of democratic participation is that radical and intolerant views are frequently expressed in young democracies but fade away as participation in democratic politics implants in the people respect for due process and different points of view. A good example of this is that intolerant far-right parties are much more successful in the young democracies of Eastern Europe than the old democracies of Western Europe. [2] [1] Macpherson, C.B. (1977). The Life and BTimes of Liberal Democracy. Oxford: Oxford University Press). [2] The Economist (12 November 2009) “Right on down”, | |
The more experience of participatory democracy the people have, the better they will get at it. In particular, common wisdom will learn from past mistakes. Whilst the Californian example cited is true, it is also true that in 2000, just six years after the “Three Strikes” law was introduced, the 1978 tax amendment was partially repealed in response to money shortages. [1] [1] State of California (7 November 2000) “Proposition 39 School Facilities. 55% Local Vote. Bonds, Taxes Accountability Requirements.” Smart Voter. | |
Under participatory democracy people can participate as much or as little as they like. They are not obliged to vote in every referendum or attend every public meeting, but they have the right to. If they only care about a few political issues, they can just vote on those and ignore everything else. That way they get to have their say on just the issues they care about without becoming part-time citizen-politicians. Moreover, that would be more effective than simply voting for a politician once every five years because it would allow them to specifically vote on the issues they cared about rather than having to support an all-or-nothing manifesto that they will probably only partially agree with. | |
Referenda Produce Snap Decisions Referendums will lead to poor-quality snap decisions. The problem with referendums is that they are called and voted on quickly, without a series of lengthy parliamentary debates or review by committees. This means that decisions are essential made by short-term popular opinion. This is a problem because there are many policies that are painful and unpopular in the short term but essential in the long run, such as cutting unaffordable public debts. Under representative democracy, governments can make these tough decisions and hope that they pay off before the next election. Harmful short-termism is particularly likely because voters, unlike professional politicians, may lack the technical or economic expertise to realise the necessity of adopting long-term solutions. A clear example is the effect of referenda over the fiscal policy in California. [1] Then, when short-terminism is at the heart of political decisions in a given society, it becomes very difficult to govern. Furthermore, it establishes a more instable political ground for the future generations, who may suffer from the irresponsible political measures adopted by their predecessors, for example inheriting disproportionate amounts of public debt. [1] Plunkett, J. (18 April 2010) “Would California-style referendums be good for Britain?” guardian.co.uk. | |
Representative Democracy Prevents Domination by Special Interests Governments often have to pass decisions which anger small, well-organised special interest groups – like teachers unions – but are in the long-term interest of the country. Under representative democracy, the government can simply make the decisions it has to, and resist the political pressure these groups put on them. But under more direct forms of participatory democracy, the special interest groups can organise their members to campaign and vote against proposals which are good for the country but against their private interests. The reason why they are likely to be successful is that most voters won’t have the technical knowledge to recognise the importance of the proposal (curbing unaffordable public sector pensions, for example), they may be uninterested if they do not see how it directly affects them, and will probably be exhausted and bored of referendums if they are held very regularly – an effect observed in Switzerland called “election fatigue”. [1] As a result, turnout amongst regular voters is likely to be low, but the unions or interest groups will be well organised and will be active in campaigning and voting, since they know that they are fighting for their interests. The effect of this will be to enable organised interest groups to dictate policy on issues where they have a major conflict of interest. An example of this is a Californian initiative in 1990 to raise billions of dollars on the bond markets to invest in railways. The initiative was passed after a campaign funded by railway companies. [2] [1] Buhlmann, M. et al. (2006) “National Elections in Switzerland: an Introduction” Swiss Political Science Review, 12(4) 1-12 [2] The Economist (17 December 2009) “The tyranny of the majority” | |
Participatory Democracy Facilitates the Misrepresentation of Issues An intrinsic problem with participatory democracy is that issues are easily misrepresented to the public. Whilst most voters may be intelligent and informed enough to understand a single issue in isolation, they will almost certainly not understand its complex relationship with other issues, and what a “yes” or “no” vote would mean for everything else – this is because only a full-time politician has the time and the resources to properly understand how dozens of different government policies fit together. An example of this effect is that in 1978 Californians voted to pass an amendment making it almost impossible to raise taxes, and then in 1994 voted for the “Three Strikes” Law that tripled their prison population. As a result, California is now almost bankrupt. [1] The reason why this happened was that these issues were presented in isolation from one another and from other issues as a simple yes-or-no choice – the public just didn’t connect the fact that if they were going to lock up more people for life, they would need higher taxes. [1] Adams, G. (18 February 2009) “Jobs terminated as California goes bankrupt” The Independent. | |
Representative Democracy Lets People Get On with their Lives People should be free to get on with their private lives, but they can’t do that if they’re expected to also be their own government. The reason why we delegate powers to politicians is that we want to have a say in government and still be free to get on with our lives. The business of government is tremendously complex and most people just don’t care about having total control over the details of policy – they just want the power to kick out governments that are no good. Think about it: how many people actually have time, on top of all the other things they have to do, to attend weekly meetings and committees, research technical policy details to decide which policy they will support and then go out and vote on a dozen issues every week? You’ll notice that all the ancient direct democracies – like ancient Athens – were societies in which there were more slaves than citizens. It is only because the slaves did all the work that the citizens were free to spend their time playing politics. The key point is, under the status quo, people who deeply care about politics can get involved in politics – they can join a party, write to politicians, canvass for issues etc – and the people who don’t care about politics that much but still have an opinion are free to vote and then get on with their lives. But under a more direct democracy people have to choose between devoting half of their lives to politics or losing all possible influence over the curse of the decision-making. It’s not right that ordinary citizens should be forced to choose between having any say in politics and having a private life. This makes the difference between the "liberty of the ancients" and the "liberty of the moderns". [1] [1] Constant, B. (1816). The Liberty of Ancients Compared with that of Moderns. See online at: | |
This point assumes that there will be no organisations capable of campaigning against special interests, and this is plainly false. Political parties, taxpayer’s organisations and even rival special interest groups already run counter campaigns against perceived special interest lobbying. Furthermore, special interest groups are naturally disadvantaged in the battle for public opinion because it is very easy to paint them as selfish or greedy. A good example of this is the hostility with which the public usually greets strikes and industrial action. [1] In addition, governments in liberal democracies might pay special attention to particular issues precisely because of the existence of powerful lobbies. In such case, they would be under-representing other groups or individual citizens becoming, then, the cause of the domination of the public decision-making by special interests. [1] Smithson M. (21 June 2011) “ComRes finds little support for public sector strikes”, PoliticalBetting.com. | |
That is just a case for having a cooling-off period in between the proposal of a new law and the referendum on it. There is no reason why referendums cannot have a lengthy public debate before the vote takes place. It is not clear that the voters will only look at the short-term consequences: in the 2010 UK General Election the British voters backed the Conservative Party and their long-term deficit reduction plan, for example. [1] Furthermore, professional politicians may also take decisions thinking in the short term in order to raise their popularity. In such case, referenda would not be worse than the representative system. [1] Glover, J. (21 June 2010) “Budget 2010: Three quarters of voters back spending cuts not tax rises – Guardian/ICM poll” guardian.co.uk. | |
A medical procedure is not a product that should be excluded from those who cannot afford it. Either it is beneficial enough to be subsidized by the state and therefore available to all, or it is the start of a slippery slope towards designer babies and therefore should not be available to anyone. Furthermore, the investment and expertise required to develop such technology are resources that should be utilized for causes that are far more important, under-funded and under-developed than gender selection. To allow the private sector to provide such a gender selection service would not only encourage further investment in a unnecessary technology but tempt medical professionals away from their government-funded research with the promise of more money. | |
The private sector can provide parents, who can afford to and want to, with gender selection technologies Gender selection technology should be available, at whatever cost the market dictates, to those who can afford the process and wish to choose the sex of their children. There should be no other restrictions on the couples wishing to go through with the process, other than an assurance that the mother is physically able and willing. As it is not an essential procedure, the state should not be expected to subsidize either the process or the development of the technology. Nevertheless, the private sector should be encouraged to develop the technology and continue to provide the public with a path to maximise their own happiness. | |
Freedom of choice is an important principle generally, but it should not be granted at the expense of unconditional love for one’s children. The pre-selection of gender ‘is a threat to the core value of parenthood that is usually expressed by the commitment to unconditional love’, according to a Georgetown professor 1. Children should not be loved because of who they are, not because they are exactly what we wanted of them. As Harvard professor Michael Sandel notes, ‘consider the father who wants a boy in hope of having as a son the athlete he had never been. Suppose the son isn’t interested in sports…what sorts of expectations will burden a child who has designed with certain purposes in mind?’ 1. For that reason, parents should not be permitted freedom of choice in this regard, but encouraged to love their child equally, regardless of gender. 1. Stein, R. (2004, December 14). A Boy for You, a Girl for Me: Technology Allows Choice.Retrieved May 20, 2011, from The Washington Post: | |
Gender selection will prevent incidents of infanticide Some cultures place great importance on having at least one child of a particular gender. We can help realise this aim. We can prevent the trauma and stress of not having a child of a particular gender, which can have negative cultural connotations. If a state's population became seriously imbalanced, one might have to rethink: but given that most countries, including all in the West, have balanced populations, and given that many families in most countries will choose to have roughly as many of the other sex, this should not stop this proposal being put into effect in many countries. Even in China, the problem is largely due to the "one-child" policy which has been relaxed in many areas since the mid-1990s. Over time, a scarcity of one gender will in any case produce new pressures to rebalance the population, for example the paying of dowries may change, and women will achieve higher status. | |
This argument veils the likely result of the policy: reinforcement of already unhealthy cultural practices. Selective abortion has meant that gender imbalance in China and India is already very, very high – 914 girls for every 1,000 boys in India – demonstrating the likely result of such policies in some countries 1. ‘Parents choose to abort female foetuses not because they do not want or love their daughters, but because they feel they must have sons’ (usually for social reasons) 1. Even in western countries some minority groups' gender preferences may result in serious imbalances in some communities. These imbalances are socially harmful because in time many young men will be unable to find a partner; in China this is already linked to a rise in sexual violence, kidnapping and forced marriage, and prostitution. 1. The Economist. (2011, April 7). Add sugar and spice. Retrieved May 20, 2011, from The Economist: | |
Sex-specific, generic diseases are only avoided a majority of the time, the process is not near 100% accurate and therefore the medical benefits cannot be used without considering of the medical costs. Pre-implantation genetic diagnosis involves the development of embryos outside the womb, which are then tested for gender. One or two of the desired gender are then implanted in the womb. Those that are not of the desired gender, or are surplus to requirements are destroyed (typically, over a dozen embryos are used to select a single one to be implanted). A human life has been created with the express purpose of being destroyed. This is another form of abortion – only the conception is deliberate. Ultimately, it will be these technologies and not MicroSort that is used, since whilst the latter has a 93% accuracy rate if a girl is desired (itself a lower result than genetic diagnosis), its accuracy falls to 82% for boys, and the vast majority of selections will inevitably be for males 1 . Thus, given that they are so keen to have a child of a particular gender and so unwilling to risk having one of the other gender, parents will not risk using MicroSort. Even if they do choose it, whilst there have not been overt problems thus far, scientific experts like Lord Winston express the fear that the process damages sperm, making genetic mutation much more likely. Both techniques are therefore to be condemned. 1. Genetics and IVF Institute. (2008, January 1). Microsort. Retrieved May 20, 2011, from Genetics and IVF Institute: | |
Parents should have freedom of choice People should have freedom of choice. Why shouldn’t would-be parents be able to do this, given that no harm is done to others by their decision? Article 16 (1) of the Universal Declaration of Human Rights states that: "Men and women of full age… have the right to marry and to found a family" and this right should be understood to cover the right to make decisions over how that family should be formed 1.When a family have a large number of boys or girls, why should they be deprived of the opportunity to have a child of a different gender if the technology exists? As the Director of the Fertility Institute notes, ‘these are grown-up people expressing their reproductive choices…(they) are really happy when they get what they want’ 2. 1. U.N. General Assembly. (1948, December 10). The Universal Declaration of Human Rights. Retrieved May 20, 2011, from United Nations: > 2. Stein, R. (2004, December 14). A Boy for You, a Girl for Me: Technology Allows Choice.Retrieved May 20, 2011, from The Washington Post: | |
Sex-specific, generic diseases can be avoided Some parents are carriers of known sex-specific diseases. It is obviously in the child's interests that they don't have such a condition. Determining its gender can ensure that. Many families have predispositions towards certain common conditions that are more likely in one gender in another, and these can be avoided too. Nearly all neurodevelopmental diseases are either more common in one gender or more severe among one gender. Arthritis, heart disease and even lung cancer also seem to be influenced by a person's gender. Males disproportionately suffer from X chromosome problems because their body has no copy to fall back on 1 These range in nature from baldness and colour blindness to muscular dystrophy and haemophilia. Women are disproportionately affected by diseases of the immune system 2. Genetic modification is not the only technology available. The MicroSort technique uses a 'sperm-sifting' machine to detect the minute difference between y and double x chromosome-carrying sperm: no genetic harm results from its use. Over 1200 babies have been born using the technology 3. 1. Macnair, D. T. (2010, August). Fragile X Syndrome. Retrieved May 20, 2011, from BBC Health: 2. Doe, J. (2000, December 18). Immune System Disorders. Retrieved May 20, 2011, from Time: 3. Genetics and IVF Institute. (2008, January 1). Microsort. Retrieved May 20, 2011, from Genetics and IVF Institute: | |
It is hardly shattering the mystery of childbirth, given how common ultrasound scans are. Sharla Miller, who went through gender selection, refutes the suggesting it is like playing God, arguing 'it's just like every other procedure the medical field can do for you. When our eldest child had spina bifida, they fixed that. Were they playing God?' 1. Moreover, knowing what gender a child will be is tremendously helpful for parents in planning for the future (picking clothes, colour schemes, toys, names etc.). Why not extend that ability to plan? Moreover, in many countries and cultures gender selection happens already, usually by selective abortion or abandonment of unwanted babies. Everyone can agree that this is a terrible waste of life and potentially very dangerous for the mother concerned, and of course many people object strongly to abortion on moral grounds. The use of new technologies to allow gender selection at the start of pregnancy will reduce and hopefully eventually end the use of selective abortion. 1. Leung, R. (2004, April 11). Choose the Sex of Your Baby. Retrieved May 20, 2011, from CBS News: | |
It is for the individuals to decide whether this treatment is worth the expense. The anecdotal evidence from parents who have gone through the process suggests that pre-selecting the sex of their children was not a ‘frivolous purpose’. Asked whether her three boys had not been enough, Sharla Allen replied ‘They are. They’re totally everything I could ever want…but why not have two daughters that will be just as wonderful as they are?’ 1. No-one is harmed in this process, the parents know the risks beforehand and it should be their prerogative to have the treatment. 1. Gajilan, C. (2005, November 17). Gender selection a reality, but is it ethical? Retrieved May 20, 2011, from CNN Health: | |
Children should not be designed to specifications Children are not toys. They are not meant to be designed to specifications most convenient to the ‘owner’. ‘It runs the risk of turning procreation and parenting into an extension of the consumer society’ argues Harvard philosopher Michael Sandel 1. If we allow parents to choose gender, soon some will want to choose eye colour, or hair colour. That is only the beginning. We are, in allowing this, encouraging false ideas of ‘perfection’ – damning those that don’t look a certain way. Furthermore, since of course there’s no justification for allowing such indulgence at public expense, the divide will grow ever-larger between rich and poor, as the rich tailor not only their clothes and belongings to reflect their wealth, but also the bodies of their children. If a "gay gene" is discovered, would parents be permitted to weed out embryos with it, using the technology this proposal would condone? We really should be encouraging the idea that when it comes to children, you get what you are given – otherwise, people be more and more likely to reject their own child when they don’t get exactly what they want… 1. Stein, R. (2004, December 14). A Boy for You, a Girl for Me: Technology Allows Choice.Retrieved May 20, 2011, from The Washington Post: | |
The lottery of childbirth should not be interfered with Having a child is a process of wonder and awe. These proposals make having children to something more like pre-ordering a car. To many people the moment of conception is the start of life, touched by God and not to be interfered with or abused out of selfish human motives. Dr. Mark Hughes, who helped pioneer the procedure, intended it to be used to prevent disease and 'your gender is not a disease, last time I checked. There's no suffering. There's no illness. And I don't think doctors have any business being there' 1.Furthermore, In the view of many, the new technologies are not morally different from abortion - in all cases a potential life is taken. These new technologies are likely to make selective abortion more common, as if they are legalised they will appear to legitimise throwing away a human life simply because the parents would prefer a specific gender. 1. Leung, R. (2004, April 11). Choose the Sex of Your Baby. Retrieved May 20, 2011, from CBS News: | |
Pre-selection of gender uses expensive medical care for frivolous purposes The treatment required for the pre-selection of gender was initially designed for the prevention of disease. Many of the patients now using the revolutionary new treatment are perfectly capable of conceiving healthy children naturally. Dr. Mark Hughes, a director the Genesis Genetics institute, says that 70% of patients wouldn't have needed IVF in the first place, meaning 'healthy, fertile couples are choosing this higher risk, expensive, sometimes painful process when they could conceive otherwise' 1. 1. Gajilan, C. (2005, November 17). Gender selection a reality, but is it ethical? Retrieved May 20, 2011, from CNN Health: | |
Parents have every right, if the technology is present, to choose the gender make-up of their family. Guaranteeing (or improving the chances of) a child being of the gender they want means that the child is more likely to fit into the family's dreams. He or she is, bluntly, more likely to be loved. Talk of designer babies is scaremongering nonsense. 'All babies are, to some extent, designed. Individuals do not procreate randomly: they choose their partners, and often choose the time of conception according to their own age and prosperity' 1. Parents give so much to children. They invest years of their lives and a large amount of their earnings in their upbringing. Isn't it fair that in return, they get to decide something like this if they want to? This is an extension of reproductive rights. 1. Meek, J. (2001, July 5). Baby Blues. Retrieved May 20, 2011, from Guardian: | |
The alternatives to either invasion or atomic bombing are covered in the previous counterpoint. It can only be said that none of them are without a high human cost, though invasion spearheaded by an atomic barrage is surely the worst. The principle of advantage of the conventional bombing option being that it would be easily justifiable as only quantitively different to what the Japanese had already meted out themselves. The blockade similarly has easy justification in not being a deviation from any accepted standards as well as only indirectly attacking the home islands while putting the onus on the Japanese government to avoid starvation. Really in order to find a less costly alternative then diplomacy has to be raised for which refer to the second response argument. | |
The continuation of a conventional war would have been much costlier than an atomic attack The US was planning for a massive invasion of the Japanese Home Islands (Operation Olympic). Nine divisions were to land on the southern Japanese island of Kyushu. However the Japanese had ten divisions in southern Kyushu by August, and 600,000 troops on the whole island. [1] The US army widely disseminated a figure of half a million casualties for the conquest of Japan. This was however only the figure for public consumption and some calculations went much higher. [2] On top of the US losses the same amount and probably considerably more Japanese deaths would have to be added. The estimates of US losses were so bad that atomic bombs were actually considered for use in clearing the landing beaches. Chief of Staff George C. Marshall argued “We had to visualize very heavy casualties unless we had enough atomic bombs at the time to supplement the troop action.” [3] Invasion was therefore not really an alternative to the A-bomb use at all. Although the use of the bomb in a battlefield situation might be more justifiable that it was considered shows the ignorance of the radiation effects that might well have been a disaster for US forces as well as Japanese. [1] Edward J. Drea, ‘Intelligence Forecasting for the Invasion of Japan: previews of Hell, Hiroshima in History: The Myths of Revisionism, (Columbia, 2007) p.59,71 [2] D. M. Giangreco, "A score of bloody Okinawas and Iwo Jimas": President Truman and casualty estimates for the invasion of Japan’, Hiroshima in History: The Myths of Revisionism, (Columbia, 2007), p.88 [3] Edward J. Drea, ‘Intelligence Forecasting for the Invasion of Japan: previews of Hell’, pp.74-5. | |
Having a weapon is hardly a good argument for using one, society would fall apart if ‘I have a gun thus I must shoot someone’ became an accepted maxim. Since war is policy by other means the ultimate weapon is one that achieves its policy objectives without the need to be actually be used. As to the cost, the $2.2bn translates to a little below $7,000 for each Japanese life taken. | |
The use of atomic bombs was the only was to persuade Japan's rulers to surrender From late 1944 Japan’s defeat was certain. The Japanese leadership knew this, but this knowledge did not equate acceptance nor did it translate into action. The Americans felt that some sort of game changer was needed to push the Japanese into surrender. According to Henry L. Stimson “We, [the administration] felt that to extract a genuine surrender from the Emperor and his military advisors, they must be administered a tremendous shock which would carry convincing proof of our power to destroy the Empire.” [1] The United States Strategic Bombing Survey reckoned that to cause equivalent damage done by the Atomic Bombs using conventional weapons would require 345 B29’s. [2] However it is not the fact that the Atomic bombs saved hundreds of B29 missions that is the crucial element. That is the sheer terror that the destructive power of the atomic bombs. This made the Atomic bombs of a different order to any number of conventional B29 missions and was a crucial factor in bringing about the Japanese surrender. If the fact that a city could be levelled in a single night could make the Japanese surrender they would have done so many months previously, and many times over. Important members of the Japanese government agreed with Stimson’s assessment of the importance of shock. Prime Minister Suzuki said “The atomic bomb provided an additional reason for surrender as well as an extremely favorable opportunity to commence peace talks. I believed such an opportunity could not be afforded by B-29 bombings alone.” [3] [1] Secretary of War, Henry Stimson quoted by Rudolph A. Winnacker, ‘The Debate About Hiroshima’, Military Affairs, vol.11, no.1, Spring 1947, p.27. [2] United States Strategic Bombing Survey: Summary Report (Pacific War), p.24. [3] Suzuki Kantaro quoted by Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism, (Columbia, 2007) p. 35 | |
It can be argued that conventional bombing could have brought about a Japanese surrender without the recourse to the use of the atomic bombs. Compared to conventional bombings the atomic bombs caused disproportionate amounts of civilian casualties. The Strategic Bombing survey estimated that in the 9 months prior to the surrender there were 806,000 Japanese civilian casualties inclusive of A-bombs, of which 330,000 were deaths. Therefore nearly a third of civilian deaths were as a result of the atomic bombings (and that is only counting those who died immediately). In Hiroshima 72% of buildings were destroyed, in Nagasaki 37.5% of buildings were destroyed. However in a conventional raid Yokohama was 47% destroyed in an hours bombing, for the comparatively light cost of 5,000 civilian fatalities. [1] Of course some conventional raids, particularly fireraids caused very heavy casualties, in particular the Tokyo firebombing of March 9th 1945 killed 100,000 and destroyed 15.8 square miles. However that is still three times the area destroyed of Hiroshima. Since the only possible justification for attack on cities is the destruction of infrastructure conventional bombing was similarly effective while being the cause of many fewer civilian deaths. According to the United States Strategic Bombing Survey “Based on a detailed investigation of all the facts, and supported by the testimony of the surviving Japanese leaders involved, it is the Survey's opinion that certainly prior to 31 December 1945, and in all probability prior to 1 November 1945, Japan would have surrendered even if the atomic bombs had not been dropped, even if Russia had not entered the war, and even if no invasion had been planned or contemplated.” [2] The accuracy of this prediction has since been called into question, [3] after all the allies dropped far more bombs on Nazi Germany without securing surrender. However the fact remains that the conventional bombing campaign was only just starting to get going and might have achieved decisive results. Possibly even more important for the prospects of a conventional victory, and one not clouded by the stigma of massive bombing campaigns against civilians, was the maritime blockade. By the end of the war Japan had only 700,000 tons of shipping remaining, she had started the war with 6,337,000 tons. Of 122,000 sailors in the merchant marine 27,000 were killed 89,000 wounded. For an island nation reliant on imports not just to run its industry but also to keep its people fed this was devastating. The result was starvation in the Japanese home islands. After the war it was reported that up to 10 million would die of starvation without American food aid, as a post war report to the Diet (Japanese Parliament) put it ‘the greatest cause of defeat was the loss of shipping’. [4] [1] United States Strategic Bombing Survey: Summary Report (Pacific War), pp.20, 23-24. [2] United States Strategic Bombing Survey: Summary Report (Pacific War), p.26. [3] Gian Peri Gentile, ‘Advocacy or Assessment? The United States Strategic Bombing Survey of Germany and Japan’, in Hiroshima in History: The Myths of Revisionism, (Columbia, 2007) pp.123-4. [4] Joel Ira Holwitt, “Execute against Japan”: The US decision to conduct unrestricted submarine warfare, (College Station TX, 2008) pp.166-9 | |
The United States need to maximise the effectiveness of its atomic weaponry program before it could be compromised There was no possibility of keeping nuclear weapons under wraps; scientists from several countries had been working on them. They were ripe for discovery. Robert Oppenheimer pointed out “it is a profound and necessary truth, that deep things in science are not found because they are useful; they are found because it was possible to find them” [1] If Atomic bombs were going to be developed anyway there was a compelling reason to be the first to own these weapons, even to be the first to use them. Deterrence, would not work if suspected to be a bluff or a dud, having used the bomb twice it could not be doubted that the US was willing to use it again in extremis. The cost of building the bomb was enormous. At 2.2 billion dollars the Manhattan project cost about the same as the drive to get to the moon in the sixties, but the comparison is not adjusted for inflation. [2] The vast majority of the cost, and of the 130,000 employed in the project, was not in the development but in the building of the factories to produce the fissile material. The opportunity cost of that 2.2 billion is surely huge, how many more bombers and tanks or how many more medicines and bandages could it have bought? Not using the bomb and squandering that investment would bring that opportunity cost to life; the question is not just how many would die in months more war but how many might not have to build something unused. [ 1 Robert Oppenheimer quoted by Richard Rhodes, ‘The Atomic Bomb in the Second World War’ in C. C. Kelley (ed.), Remembering the Manhattan Project : Perspectives on the Making of the Atomic Bomb and Its Legacy, (River Edge NJ, 2005), p.18 [2] ibid p.22 | |
Before Hiroshima and Nagasaki the use of the Atomic Bomb did not raise profound moral questions with allied policymakers. Civilians had been intentionally targeted from the air since the start of the war and both Japanese and German cities had been already subjected to relentless bombardment. There was no compelling reason for politicians to view the Atomic bomb any differently from the London blitz or the Dresden raid. [1] The Hague conventions had been systemically honoured only in the breach for the previous six years and so would not have given Truman or his advisors any particular heartache. The radiation effects were as yet unknown and so there was no reason to treat atomic bombs as anything more sinister than a mighty conventional bomb would be. Had the radiation been known about then it might have moved them into a category akin to chemical or biological weapons, which were already frowned upon. Chemical weapons were banned by the Hague convention in 1899. [2] This did not of course prevent their widespread use in WWI but the horrified reaction to the use of mustard gas and other agents lead to the Geneva Protocol [3] which came into force in 1928 although the US was not a signatory. In practice Atomic weapons have not been since treated as equivalent to poison gas or other ‘analogous devices’ and thus the International Court of Justice has said that they do not breach the Hague conventions or the Geneva Protocol. [4] Therefore as these were the only international laws in force at the time of the action the dropping the bombs were not illegal acts. [1] Barton J. Bernstein, ‘The Atomic Bombings Reconsidered’, Foreign Affairs, vol.74, no.1, Jan.- Feb., 1995. p.135. [2] Declaration on the Use of Projectiles the Object of Which is the Diffusion of Asphyxiating or Deleterious Gases; July 29, 1899; [3] Geneva Protocol to Hague Convention [4] International Court of Justice advisory opinion of 8 July 1996 Legality of the Threat or Use of Nuclear Weapons, paragraphs 54-6. | |
The justification for the second bomb relies principally upon the argument that Japan would presume there was only one A-bomb if another was not dropped, so the destruction of Nagasaki was a necessary evil to force surrender just as much as that at Hiroshima. Indeed senior Japanese figures did argue that there was only one bomb, and even in one case that the bomb dropped on Hiroshima was not atomic at all, simply a very big conventional bomb. The Chief of the Naval General Staff Toyoda Soemu thought “it is questionable whether the United States will be able to use more bombs in rapid succession.” [1] This was a view that Anami Korechika, the army minister, shared until it was shattered by the second bomb although even then he said “The appearance of the atomic bomb does not spell the end of war” [2] [1] Admiral Toyoda quoted by Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism, p.37. [2] Army Minister Anami quoted by Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism, p.40. | |
A negotiated peace would have been preferable to the dropping of the atomic bombs It is conventional to argue that Japan was defeated already and so the bombings were unnecessary as Sadao Asada points out this confuses defeat with surrender. However such a position seems equally to confuse surrender with peace. That there had to be an unconditional surrender seems almost unquestioned. Most wars do not end in an unconditional surrender of one side or the other, Japanese defeat was plain so a negotiated peace would normally have been set in motion when the US saw the terrible casualties it might be forced to take in its push for total victory. The Americans learnt of Japanese willingness to negotiate in July, on the 13th Secretary of the Navy Forrestal wrote in his diary “The first real evidence of a Japanese desire to get out of the war came today... Togo said further that the unconditional surrender term of the Allies was about the only thing in the way of termination of the war” [1] Stimson, Grew and Forrestal aimed at persuading president Truman to offer the Japanese promise of the preservation of the monarchy as an alternative to unconditional surrender. [2] Ultimately the Potsdam declaration set the unconditional surrender policy in stone. [3] Offering such a condition would certainly have strengthened the peace party within the Japanese cabinet and allowed them to present further resistance by the generals and admirals as endangering the monarchy. [4] However, on its own this would probably not have lead to peace, the cabinet would still have been split 3-3 with the Army and Navy ministers both opposed and with vetoes on policy. Even the most belligerent of the Japanese Cabinet, Army Minister Anami’s conditions were preservation of the Imperial institution, no military occupation of the home islands, Japanese forces were to demobilize and disarm themselves and war criminals were to be prosecuted by the Japanese themselves. [5] While these conditions are obviously ripe for exploitation, would they really disarm and try war criminals? they are not unreasonable. Just because there was no hope that the US would accept these conditions, they fly in the face of the Potsdam Declaration from which the allies would not deviate, does not mean that another alternative to unconditional surrender should not be considered as an alternative to the dropping of the Nuclear bombs. [1] Secretary Forrestal quoted by Tsuyoshi Hasegawa, Racing the enemy: Stalin, Truman and the surrender of Japan, (Cambridge MA, 2005) p134. [2] Campbell Craig and Sergay Radchenko, The Atomic Bomb and the Origins of the Cold War, (New Haven, 2008) p.69 [3] Potsdam Declaration, [4] Tsuyoshi Hasegawa, Racing the enemy: Stalin, Truman and the surrender of Japan, (Cambridge, 2005) pp.290-1. [5] Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism, p. 39. | |
The bombing was immoral and illegal The use of the Atomic bomb raised immediate moral questions as to its use. Albert Einstein argued “The American decision [to use the bomb] may have been a fatal error, for men accustom themselves to thinking a weapon which has been used once can be used again... [on the other hand] Our renunciation of this weapon as too terrible to use would have carried great weight” [1] So far Einstein has been proved wrong and the precedent thus set has not been followed. That the bombs are ‘to terrible to use’ does seem to have sunk in. The use of the bombs was also illegal as it would have breached the Hague conventions of 1899 and 1907, signed by the US. Of Hague IV The Laws and Customs of War on Land it probably breached articles 23, forbidding the use of weapons that cause ‘unnecessary suffering’, and article 25 forbidding the attack of undefended towns. It would certainly by its indiscriminate nature have breached article 27 “In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes” [2] as well as the attendant declaration forbidding attack from aircraft! Clearly such sections forbidding attack from aircraft, or balloons in the 1899 version make the Hague convention seem antiquated but the laws of war in general remain even now as they were codified in 1907. [3] The International Court of Justice has referred back to these precedents “In the view of the vast majority of states as well as the writers there can be no doubt as to the applicability of humanitarian law to nuclear weapons. The Court shares that view.” [4] That humanitarian law included the Hague conventions. The court reconfirmed the view that “States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets” [5] It is noteworthy that dissensions from a position of banning the use of nuclear weapons entirely focus on the possible use with minimal civilian casualties. [6] Since the Hiroshima and Nagasaki bombings did not attempt to minimize civilian casualties the implication is that their use was illegal based upon the Hague conventions that were already in force. [1] Albert Einstein, quoted by Rudolph A. Winnacker, ‘The Debate About Hiroshima’, Military Affairs, vol.11, no.1, Spring 1947, p.25. [2] Laws and Customs of War on Land (Hague IV); October 18, 1907 [3] Malcom H. Shaw, International Law (Cambridge, 1997), p.807. [4] International Court of Justice advisory opinion of 8 July 1996 Legality of the Threat or Use of Nuclear Weapons, paragraphs 85-6. [5] ibid. para. 78. [6] ibid. para. 91. | |
It was not necessary to use atomic weapons on a population centre The first bomb, on Hiroshima was sufficient to achieve the objective of surrender without the use of the second bomb after only a very short period of time. There was only three days between the two bombings, an unpardonably short period. Communications between Hiroshima and Tokyo had unsurprisingly been severed, so the full effect had yet to sink in on some policy makers by the time ‘Fat Man’ was dropped. It had however already convinced Foreign Minister Togo, Prime Minister Suzuki and crucially the Emperor himself. He said upon hearing the news of Hiroshima: “Now that things have come to this impasse, we must bow to the inevitable. ... We should lose no time in ending the war so as not to have another tragedy like this.” [1] The rest of the cabinet was as yet unmoved, but even if they had been it is unlikely they would have been able to actually surrender before the second bomb was dropped. There were significant other factors in play as well. Before the second bomb was dropped the Japanese had learnt of the Soviet attack which dashed their last hopes of mediation for a favourable settlement and they were not optimistic of their chances in that conflict, even the army’s planners expected Manchukuo’s capital Changchun would fall in two weeks. [2] Although the Cabinet was deadlocked 3 to 3 this was the case both before and after the news of Nagasaki came in, the point of fact that the US had more than one bomb although a shock to those opposed to surrender did not alter their position. Ultimately the Emperor was forced to intervene on the side of the proponents of peace, his mind had been made up even before the first bomb. It is arguable that Hiroshima was necessary to push him into acting, which was unprecedented but the Nagasaki bombing was entirely superfluous. Historian Sadao Asada’s opinion is that the second bomb was unnecessary. [3] [1] Emperor Hirohito quoted by Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism p.33. [2] Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism, p.36. [3] Sadao Asada, ‘The Shock of the Atomic Bomb and Japan’s Decision to Surrender - A Reconsideration’ in Hiroshima in History: The Myths of Revisionism, pp.38, 41-2. | |
Offering the preservation of the Monarchy was unlikely to have altered the outcome of the conflict by bringing peace before August 6th. This was the only concession to the Japanese that was even considered by the US government. It was thought that even this would be very hard for the American public to swallow. Truman’s personal feeling was also that nothing short of an unconditional surrender would do to avenge Pearl Harbour. [1] [1] Tsuyoshi Hasegawa, Racing the enemy: Stalin, Truman and the surrender of Japan, (Cambridge, 2005) p.291. | |
The American system is one that can be changed with a popular vote. Further, the competition between the two parties and the bid to be re-elected causes them to make decisions that are good for the country so that they are credited for that by the people. Whilst the process does have flaws, it is illegitimate to call decisions made by the process unjust when the process is a clear process that can be accessed by everyone and can be changed if results are seen to be consistently unjust. If the Republican voting base acts in the way that the proposition suggests it might simply be that the Republican voting base dislikes tax increases for reasons the proposition has not considered, such as a slippery slope effect where tax increases for the rich eventually make it more acceptable to increase taxes for the poor. | |
The Tax Cuts Only Exist Due to An Unjust System The tax cuts that were created under a Republican government can be strongly linked with the Republican power base. The Republican party relies on a relatively small number of very rich and powerful donors. A tax cut for these people often leads to an increase in funding for the Republican party. Republican representation among the other classes generally comes from other conservative policies as opposed to one fiscal policy. Further, there is an attitude in the U.S. among many poorer communities that tax regardless of the actual purpose is a bad thing. As such, the Republicans can often reduce taxes for the wealthy without significantly harming their voting base among other communities, despite the fact that these changes often harm poorer communities a great deal. This means that implementation of the tax cuts was due to a political system that focuses on parties winning elections as opposed to doing what is best for America as a country. As such the system forces the Republicans to pander to the rich for funding and this leads to a worse situation for the country overall. Given that this is true, the tax cuts are unjust and should be removed. [1] [1] Creamer, Robert “Why Congress Must End Bush Tax Cuts for the Rich.” Huffington Post. 28/07/2010/ | |
As is mentioned in argument two of the opposition, if tax increases for the rich cause them to leave the country then it is entirely possible that this will lead to even less parity between those left behind and the poor who have to make do with even less tax revenue through redistribution. Further, the rich are often the people who provide work for the poor through investments in enterprise and new products. Given that this is true, lower taxes for the rich often benefit the poor by allowing the rich to invest more and take more risks with their money. This often leads to innovations and the creation of new goods and services that often the poor may buy into and this allows them to improve the quality of their lives in the long run. [1] [1] Ortman, Johnathan, “Tax Incentives for Entrepreneurship and Innovation.” Entrepeneurship.org | |
Removing Tax Cuts Would Reduce the Deficit Maintaining Bush tax cuts would cost the government $680 billion in revenue over the next ten years according to Paul Krugman. Given the downgrade in the U.S. credit rating by some credit agencies, it seems prudent to choose to roll back at least some of these cuts in order to please those agencies and convince them that the U.S. is taking serious action to tackle its debt. If this is the case, then they are likely to upgrade or maintain the U.S. credit rating. This is beneficial for the U.S. as it means that in the future it has smaller repayments to make on its current debt and can more readily take on debt in the future. Further, given that the rich spend a smaller percentage of their money than the poor on consumption, an increase in taxes for the rich will firstly not cause a significant downturn in consumption and secondly, if spent responsibly by the government, will lead to further growth in the future which might cause the government to be able to recoup the money that it spends through higher tax revenue from a growing economy in the future. [1] [1] Krugman, Paul “Now That’s Rich.” New York Times. 22/08/2010 |
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