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Market mechanisms are inappropriate for the exchange of some goods, such as children, medically needed bodily substances or organs, and sex. These are precious goods, and we should not allow citizens to alienate these goods for payment. Instead, the terms of alienation should protect the critical interests of all involved. While sexual relationships serve legitimate needs, it does not follow that we should be able to purchase them. Having children serves legitimate needs, but we do not think that people should be able to buy children. Buying sex robs the provider of dignity and the right to sexual autonomy. Moreover, people are not entitled to some goods simply because they have money. If we allow money to determine who can have children, donated organs, or sexual intimacy, then this will lead to unfair distributions. Market mechanisms may eclipse other forms of exchange, and deprive those without significant wealth of the means to happiness. | |
Markets in sexual services can serve legitimate needs While many societies have attempted to restrict sex to marriage, few (if any) have succeeded. In contemporary, secular liberal societies, adults are no longer punished for pursuing sex outside of marriage. Many adults find non-marital sex satisfying, healthy, and fulfilling, whether it occurs in the context of an ongoing romantic relationship, a casual friendship, or a market exchange. While many people will never seek the services of a sex worker, those who do are often seeking sensual comfort, companionship, entertainment, and fantasy fulfilment. While the latter goods are often obtainable in non-market relationships, some people prefer the convenience and efficiency of market mechanisms for securing these goods. In a liberal society, individuals are free to pursue their own vision of happiness, as long as they respect the moral and civil rights of others. Markets that provide sexual services enable some individuals to secure goods essential to their happiness. Those who provide services to these individuals can do so in a manner that respects their rights and dignity, if the markets are legal and well regulated. | |
No person would sell sex unless they were desperate. To have sex with someone for reasons other than sexual attraction, desire, and affection is repulsive to any sane and mentally competent adult. People who sell sex are not exercising sexual autonomy, but are giving up their right to sexual autonomy in order to support themselves and their families. Instead of legalizing sex markets, societies should provide other means of employment and a basic standard of living to all members, so that no one has to resort to prostitution to survive. | |
Legalization would free up resources that could be devoted to eliminating sex trafficking Some markets in sex should be blocked. Markets that involve child labor, forced labor or sex, and forced migration and detention, should be stopped and those who organize and profit from such markets should be prosecuted. As with any service, it is critically important that no one is forced to work or to continue working, either through the threat of harm or through fraud and deception. It is also critically important that children are protected from sexual predators, and are excluded from all aspects of sex businesses. Forced labor and child sexual abuse involve violations of basic human rights that all societies are expected to protect. Voluntary, adult sex work is significantly different from trafficking, and law enforcers need to distinguish market exchanges involving consensual sex among adults from market exchanges involving forced sex among adults or involving minors. By legalizing voluntary, adult sex work, law enforcers and rights protectors could focus their efforts on eliminating markets that involve the sexual abuse of adults or children. Additionally, clients of sex business would have the choice of patronizing legal business, and therefore would be less likely to patronize inadvertently a business that relies on forced or child labor. | |
Prohibition does more harm than good Criminalizing the acts of selling and buying sexual services does not protect those who sell or buy such services, but rather pushes these activities underground. While market exchanges of sexual services involve some risk-taking, the risks are increased and compounded when such markets are prohibited. When selling and buying sex is illegal, those participating in these exchanges cannot, or simply do not, seek the protection of the law when their rights are violated. Because crimes against sex workers or their clients are often unreported, and when reported often not investigated, predators and rights violators can take advantage of others without fear of arrest and punishment. Moreover, because criminalization forces sex work into remote and invisible corners of society, sellers and buyers are less able to insure their safety and protection. For these reasons, laws criminalizing sex markets amplify the risks sellers and buyers face when they participate in sex market transactions. The main purpose of criminalizing sex markets is to protect those who enter such markets from harm. Yet the harms of paying or accepting money for a good that can be legally exchanged for free are far less than the harms that result from the rights violations that often occur (robbery, battery, sexual assault, murder) when sex markets are pushed underground. | |
The fact that prohibition cannot prevent prostitution is not an argument against prohibition. We have laws prohibiting murder, and yet murders happen. Our laws deter some murders and they express our society’s moral outrage regarding murder. Similarly, laws prohibiting prostitution deter some prostitution and express our society’s moral condemnation of sex for hire. These laws do not create harms, rather prostitution itself creates harms, by robbing those who participate of self-respect, and contributing to the spread of sexually transmitted diseases. It is inevitable that laws prohibiting prostitution will make it riskier to engage in prostitution, as this is the purpose of such laws: to provide disincentives to those who might otherwise engage in this activity. | |
While some sex market transactions are more consensual than others, all sex markets treat people like objects to be used and exploited by others. Sex should not be turned into work or a business from which some people profit, even when the labor is allegedly voluntary. Moreover, it is not evident that the proliferation of legal sex businesses would involve the proliferation of sex businesses that acted ethically and responsibly. If sex businesses could operate in a more lax and permissive environment, many abuses would go undetected. Because of the already noxious aspects of this industry, abuses such as fraud, deception, and coercion are intolerable. | |
Legalizing prostitution would unleash forces that exploit vulnerable women and men for profit. People with the means to buy sexual access to others would be able to exploit those who are poor, young, or inexperienced. By legalizing prostitution, society endorses impersonal and promiscuous sexual relations that damage individuals and families. The resources we allocate to protect vulnerable citizens from sexual exploitation, and to uphold the values of sexual commitment, loyalty, and responsibility, are well spent, and the foundation of a healthy social order. | |
Markets in sexual services can respect sexual autonomy Sexual autonomy means being able to control when, where, and with whom one has sexual relations. It also means that, at any moment, one may withdraw from a sexual relationship or encounter. Spouses, lovers, and also strangers have the right to sexual autonomy. If an adult chooses to engage in sex with other adults who offer material benefits, her right to sexual autonomy is respected as long as she has control over when, where, and with which clients she has sexual relations, and as long as she is mentally competent and is allowed to terminate the agreement at any time. If markets in sex were to become legal, the rights of providers (and clients) to sexual autonomy would need to be respected. This means that sex workers would maintain the right to refuse service to any customer, and to discontinue service or employment at any time and for any reason. Like other workers, sexual service providers would have the right to a safe and healthy work place. Workers who are drug dependent, or otherwise incompetent or highly vulnerable in the work place, would need to be provided treatment and time off work until they were capable of protecting themselves and others. | |
Legalization has benefits for society Removing criminal penalties from the sale or purchase of sexual services, and regulating sex markets so that they protect participants and non-involved third parties, would be socially beneficial. In particular, sex enterprises and businesses could be made safer for workers, clients, and the communities in which they operated. By allowing sex businesses to operate openly, providers, clients, and business owners can become law-abiding, productive citizens, who contribute to their communities. Sex businesses and workers would pay taxes, and other licensing fees. Business owners would be expected to comply with standard business laws and regulations. Moreover, the government could enact special regulations appropriate to this industry, such as age restrictions on workers and clients, and mandatory condom use. The resources that are currently allocated to arrest, prosecute, and incarcerate sex workers and clients could be reallocated for better uses. For example, these resources could be used to better address the sexual abuse of minors, sexual assault, substance abuse, mental health problems, and the many public and individual needs that go unmet. | |
In market sexual transactions, each party pursues the satisfaction of her/his desires. The service provider is typically pursuing her desire for income, while the client is typically pursuing his desire for sensual enjoyment and intimate companionship. As long as each party respects the terms of the exchange, they are treating each other as beings with ends of their own, and therefore morally. | |
Sex exchanged for money may not have the same value and meaning as sex exchanged as a gift among lovers. Yet, it does not follow from this that paid sex is without value. The value of paid sex is clearly subjective, and may be derived from its ability to provide sensual pleasure, sex education, and relief from stress, boredom, or loneliness. It may be less meaningful and enjoyable than sex with a romantic companion, but when the latter is not an option, paid sex may be an acceptable substitute. Since people have different expectations from paid sex than non-market romantic sex, they are not likely to suffer emotional and psychological damage from the former. Individuals who are not in monogamous relationships, and who have multiple sexual partners must take special precautions to protect their physical health, whether money is exchanged or not. Sex work does not pose additional health risks that are not otherwise faced by sexually active but non-monogamous individuals. There are precautions that all sexually active people can take to protect their health, such as rigorous condom use and regular health exams. Moreover, societies can promote education about STDs and how they are transmitted and detected, so that all sexually active individuals can learn how protect themselves. Markets in sex do not in themselves precipitate harms or pose a public health threat, rather ignorance about sex and STDs, and barriers to health care and prophylactics such as condoms, are responsible for the harms of sex. | |
Markets in sexual services undermine the values of commitment and loyalty Sexual relationships involve crossing ordinary social boundaries that exist between people, and exposing aspects of ourselves that normally remain private. This aspect of sexual relationships renders the parties vulnerable emotionally and socially, and therefore sexual partners often extract commitments from each other of sexual fidelity and exclusivity. These commitments allow people to engage in sexual relationships while treating each other with decency and respect. Markets are public and involve exchanges among strangers. In markets, goods are exchanged with the highest bidders and not with those to whom we are committed and loyal. For this reason, markets in sex undermine the ideals of sexual commitment, loyalty, or exclusivity, which makes decent and respectful sexual relationships possible. Markets are for exchanging shoes and cars, or services that we can separate from ourselves without leaving us emotionally and socially vulnerable or exposed. Sexual relationships require commitments of fidelity and exclusivity so we don’t lose part of ourselves in the exchange. | |
Markets in sex would corrupt non-market sexual relations, turning women and girls into commodities Markets in sex are shaped by values that differ from non-market sexual relationships. Market sexual transactions are not structured by the ideals of fidelity and exclusivity between social intimates, but rather by the ends of profit maximization and mutual benefit among strangers. The goods exchanged in a market are interchangeable with other goods, in ways that maximize profit and mutual benefit. When these goods include sexual services, the sexual services of one provider will be interchangeable with those of another. The position of seller or buyer in a particular market is often determined by one’s gender, class, race, and nationality. In sex markets, sellers are typically female, and buyers are typically male. Race, class, and other social hierarchies also shape one’s position in a sex market. Because the sellers in sex markets are often people who are disadvantaged by their gender, class, race, or nationality, the existence of markets in their sexual services will promote the idea that the sexual capacities of women (and other disadvantaged groups) are goods that are interchangeable and exploitable. The idea that the sexual capacities of women (and girls) can be accessed as market goods or commodities will shape attitudes toward women and girls who do not enter sex markets as providers. In this way, the values that structure markets in sex will spill over into non-market sexual relationships, and lead men to regard women as replaceable goods rather than unique human subjects. | |
Moral sex requires more than informed consent, and society should uphold moral values Moral sex requires treating others not merely as a means to our own ends, but as beings with ends of their own. This means that we are morally required to consider the needs of our sexual partners and not only our own selfish desires. In market sexual transactions, the client merely pursues the satisfaction of his own desires, and therefore treats the service provider as a means to his own ends. Because prostitution inevitably involves the instrumental and immoral treatment of others, toleration of prostitution involves the toleration of immoral behaviour. Society should uphold moral values by banning prostitution. | |
Prohibition prevents harm by substantially curtailing markets in sex The good of sex when offered as a gift is not the same good when it is bartered. Taking or offering money cheapens and deforms the good of sexual intimacy, which when shared with many on the open market diminishes its value. Moreover, while the benefits of commoditized sex are questionable, the harms are significant. Those who engage in such exchanges diminish their capacity for genuine sexual intimacy, while damaging their physical, emotional, and mental health. Moreover, the harms of market sexual transactions often affect non-involved third parties, such as the spouses or lovers of sellers and buyers. Because the harms of market sex are long lasting, though sometimes distant, it is appropriate for society to intervene to prevent these harms. Markets in sex pose a public health threat, just like markets in dangerous drugs. Prohibition will reduce the number of people who engage in market sexual transactions, and for those who do participate, there are ways to minimize violations of their rights. | |
Consumers can access the healing capacities of health care providers without coming to regard the people who provide health care as replaceable market goods rather than unique human subjects. Consumers can access the cooking talents of chefs without coming to regard the people who provide good food as replaceable goods rather than unique human subjects. Sex markets may differ in that the position of consumer and provider is often shaped by gender and other social markers. But if this is what causes the degradation of the provider into a replaceable and exploitable good, then what needs to change is how positions in this market are shaped by one’s social identity, rather than eliminating sex markets. All markets are structured by social hierarchies. As illegitimate social hierarchies based on gender, race, class, and so on, are dismantled, then this will have beneficial effects on all markets and not just sex markets. | |
People who engage in market sexual relationships and other forms of casual sex can treat their partners with dignity and respect. This involves respecting the boundaries that sexual partners communicate to each other, regarding what parts of their lives and themselves they are willing to share. With different sexual partners we open up in different ways, and people who engage in casual, market sexual relationships might draw different emotional and sexual boundaries in these relationships than in others. While casual sexual relationships are unlikely to involve commitments of fidelity and exclusivity, they are compatible with the decent and respectful treatment of others if persons in these relationships respect their partners’ rights to privacy, autonomy, and other basic interests. | |
The overriding objective of the justice system is to ensure that the innocent go free, not that the guilty are punished, and the system should be orientated around that objective. Ex post-facto confessions do not make someone ‘clearly guilty’ as false confessions can arise for a number of reasons, from boasting to an innocent misstatement. It is also wrong to assume that new evidence is better evidence. The longer a trial takes place after a crime the less strong the evidence gets; memories get weaker, people go missing, evidence can be damaged etc. There is also the problem that in a re-trial any tactical advantage of ‘ambushing’ a witness in cross-examination is lost because they know that the ambush is coming. There are therefore a multitude of reasons why retrials are less likely to achieve convictions than a well prepared first trial. | |
Abolishment of double jeopardy would ensure the guilty do not escape punishment The problem with the 'double jeopardy' rule is that people who are clearly guilty - because new evidence has emerged, because they've confessed - are not being punished for crimes they have committed. We believe that guilty people should be punished for their crime, and our justice system should be tailored to allow that. In 2009, a footballer in London confessed to murdering his ex-girlfriend at a re-trial after fresh evidence was found to overturn the original verdict1; under previous double jeopardy laws in Britain, the murderer would have remained free. We have as great a duty to ensure miscarriages of justice are not perpetrated on victims as on accused. An offence committed ten years ago does not cease to be an offence because time has passed, or because the perpetrator has managed to evade justice in the past. The criteria by which the decision to charge an individual is taken ought to be likelihood of guilt, not whether or not they have had a trial before. 1 BBC News a. (2009, May 21). Cleared man admits killing woman. Retrieved July 15, 2011, from BBC News: | |
Such restrictions on double jeopardy would not be effective in practice, for they attempt to put a value on the relative importance of crimes without using either the prospect of re-offending or the impact on victims. As QC Geoffrey Robertson noted in response to the Law Commission's finding, it is irrational to confine the possibility of re-trials to 'serious crimes' alone and exclude "repetitive, professional" crime like armed robbery. If the intention of the repeal is to bring both offenders to justice and prevent further crime, it is exactly the 'repetitive, professional' criminals who should be targeted. | |
The rules and laws that protect the accused will remain at retrial All the rules and laws that protect the accused at the first trial will be in place at a second - it's not as if the rule of law suddenly disappears. The presumption of innocence, proof beyond reasonable doubt, the right to a fair hearing and competent counsel, the judge's duty to appropriately direct the jury, etc. will all continue to apply and prevent miscarriages of justice from occurring. Nor is the system likely to be overwhelmed with retrials. Much of the current push for the end of the double jeopardy rule comes from the widespread use of DNA testing, which has allowed many old cases to be revisited with compelling new evidence of guilt or innocence. Mark Weston, for example, was convicted at a re-trial after specks of the victim's blood were found on Weston's shoes, justifying the re-opening of the case1. After a few years, the impact of DNA testing on solving similar cold cases will be expended and there will be very few retrials. 1 Bate, S. (2010, December 13). 'Loner' convicted of murder in double jeopardy re-trial. Retrieved July 19, 2011, from The Guardian: | |
Juries will know this is a retrial – because evidence will have to be ‘read’ from the first trial where witnesses have died, because notes from ‘last time’ will be available to advocates and the accused, because the legal procedure of the last trial will be subject to discussion in this one. If a jury knows a case has been brought again, there will be a presumption that the accused is guilty because a higher court has already decided that the new evidence makes the acquitted defendant now look guilty after all, and so granted a retrial. The presumption of innocence will no longer exist. And unless the system is going to be overwhelmed with retrials like this, in which case it would be unworkable, then second trial capacity can only (and rightly) be directed towards ‘exceptional’ cases. Such cases are well known - like that of the murder of Stephen Lawrence 1. How could individuals face trial again on the same charges, when in the glare of media attention it has been declared they should have been convicted at the first trial? How could they possibly expect a fair trial? 1. Akwagyiram, A. (2008, April 22). The legacy of Stephen Lawrence. Retrieved May 12, 2011, from BBC News: | |
Faith in the justice system is derived from it being been to be fair and even-handed. It is not merely faith on the part of victims that offenders will be found guilty, but faith on the part of innocent defendant that they will be found innocent. The double jeopardy rule reinforces faith in the justice system because it forces the prosecution service to make the best possible case that they can – because they only get one shot to make it. It also means that defendants can feel secure in submitting themselves to trial on the basis that an acquittal represents complete security from future accusations. Abolishing the double jeopardy rule would actually undermine confidence in the system – overturning an acquittal is an explicit statement that the system produces false negatives. If it becomes widely accepted that a not-guilty verdict is meaningless then the principle of the presumption of innocence loses its force. | |
Double jeopardy could be abolished by state legislatures for all serious crimes whereby fresh, compelling evidence emerges The scrapping of the double jeopardy would be practicable if it was permitted for serious crimes, like murder and rape, and only when fresh, compelling evidence of guilt emerges that calls into question the original acquittal. Such restrictions on any scrapping of the rule would not tie up courts in re-trials, for they could only be called for certain crimes in certain, restricted conditions. The British Law Commission in a 2011 review concluded that whilst the ancient rule of double jeopardy is of 'fundamental importance', it should be possible to "quash acquittals in murder trials where there is 'reliable and compelling new evidence of guilt'". In practise, this would preserve the traditional advantages of the law, whilst ensuring that those who are guilty, and can be proved so, do not remain free. | |
Abolishment of the rule would restore faith in the justice system When we see people still unpunished for offences in society they've clearly committed, it damages our faith in the justice system. Our bargain with the state entails the state's right to judge the individual because the state protects the individual: if our attackers roam the streets because an arbitrary legal rule exempts them from prosecution despite clear guilt, then that system has broken down. When Jennifer McDermott witnessed her daughter's murderer get convicted at a re-trial, she described it as a 'victory for everyone who feels let down by the justice system.'1 Victims deserve such justice and it is an insult to them, and all of us, to see their persecutors go free. As a Home Office spokesman stated when England overturned the double jeopardy ban, 'it is important the public should have full confidence in the ability of the criminal justice system to deliver justice.'1 Justice is only applicable when the perpetrators remain within the arm of the law; double jeopardy prevents this. 1 BBC News a. (2009, May 21). Cleared man admits killing woman. Retrieved July 15, 2011, from BBC News: 2 BBC News. (2005, April 3). Double jeopardy law ushered out. Retrieved May 12, 2011, from BBC News: | |
Vast improvements in the technology of crime-solving have occurred in recent times to ensure that defendants brought to trial are done so appropriately. DNA testing, voice identification technology, facial mapping techniques that reveal faces beneath masks - all can now solve cases and show guilt in individuals whose escape from punishment occurred only because of a lack of satisfactory evidence. For example, In 1963 when Hanratty stood trial for the A6 murder (a gruesome offence where the abused victim was shot in her car and left to die on the motorway), semen stains on the victim's underwear could not be investigated using the technology of the day1. He was convicted anyway on the facts, but if he hadn't been, and thanks to advances in technology the sperm turns out later to be his (as it has), shouldn't we use that evidence to obtain justice for those concerned? Some evidence couldn't possibly have been used at the time of trial, because the technology doesn't exist. Looked at now, it could demonstrate conclusive guilt. If such evidence exists, isn't there a compulsion to use it?2 How can we ignore it? 1 Foot, P. (2000, July 25). Hanratty was innocent. Retrieved May 12, 2011, from Guardian: 2 The Independent. (2002, July 18). The abolition of double jeopardy will undermine confidence in British justice. Retrieved May 11, 2011, from The Independent: | |
The rule of law, by its very nature, serves the cause of justice. In doing so, it is often overturned, but only in order to ensure that justice is delivered and offenders punished. Protection from the state therefore is a principle that is relinquished by those who commit crimes; it is the protection of the state from such people that thereafter becomes paramount. The double jeopardy rule enshrines in law that the key factor in any trial is the quality of police work up to that point, rather than the actual guilt of the defendant. If abolished, vindictive policemen will not affect the integrity of the justice system, the case will still be judged by the quality of the evidence whilst the defendant will have recourse to protest their innocence. The potential for innocent people to go through the stress of further trials is a price worth paying to ensure the guilty do not walk free. | |
Double jeopardy protects the acquitted from the threat of constant harassment by the state We’re not just protecting ‘evil people’. The double jeopardy rule protects everyone from the danger of constant harassment from the state. The opposition would rather see a guilty man occasionally go free than see the resources of the state trained on individuals again and again and again, ‘until the state secured (the) popular result’ 1. The double jeopardy rule provides closure for both defendants and the prosecution; if the prosecution regret their case in the future, the fault lies not with the double jeopardy rule itself, but their decision to go to trial based on insufficient evidence. Citizens should not be forced to go through the stress of multiple trials due to the incompetence of the state. ‘If a person accused of a serious crime is acquitted, they are entitled to have some certainty in their future’2. That certainty can only be guaranteed if the prosecution is granted one attempt at a conviction, and one only. 1. The Independent. (2002, July 18). The abolition of double jeopardy will undermine confidence in British justice. Retrieved May 11, 2011, from The Independent: 2. Bosscher, M. (2006, November 10). Danger in abolishing double jeopardy rule. Retrieved May 12, 2011, from Online Opinion: | |
Double jeopardy ensures defendants are not brought to trial on weak grounds The implications of this should be looked at carefully. This would grant police and the prosecution the right to prosecute an individual if the evidence against them can be ‘reanalysed.’ Surely almost all cases could see such ‘improvement in investigatory techniques,’ allowing the state to pursue individuals at will. Presumably this ‘generation’ of techniques isn’t the last; why won’t the same logic hold in asking for a third trial? A fourth? A fifth?…Subsequently, if the ‘double jeopardy’ rule is scrapped, police work will be sloppier, because police detectives will know that the insurance of a second trial exists. The ‘one-shot’ rule forces investigations and prosecutions to be of as high a quality as possible. The abolishment of double jeopardy would be ‘merely a shortcut to prosecutors seeking unlimited re-trials until they get the verdict they want’ 1. Courts cannot be permitted to be tied up in such cases, nor can prosecutors be allowed to destroy the lives of defendants by enforcing such constant emotional turmoil. 1. Bosscher, M. (2006, November 10). Danger in abolishing double jeopardy rule. Retrieved May 12, 2011, from Online Opinion: | |
The rule of law means less if it is being constantly overturned Respect for the law will diminish if criminal verdicts exist in a perpetual state of uncertainty. We need to be protected from the state in other ways, too - from the vindictive or obsessed policeman that will pursue a case because he 'knows' the accused, properly acquitted in a court of law, to be guilty nevertheless. The nature of our police force means that these instances are inevitable as it imparts a strong cognitive bias onto our policemen to look for guilt - so unless we mandate a rule determining when a line of investigation has to end, police will continue to focus on their chosen 'perpetrator' until they get the result that they have decided is correct. As Matthew Kelly QC notes, removing double jeopardy restrictions could 'lead to prosecutions routinely seeking a second bite of the cherry, if a case flopped first time for good reason.'1 Given that we are talking about a tiny proportion of cases, it is better to have the principle of finality - because the police will spend vast amounts of time and effort and money on case that are already resolved, to the detriment of crimes that will receive less attention. Therefore successful detective work, and subsequent conviction rates, will increase with the double jeopardy rule in place, not decrease, for police cannot allow themselves to remain rooted in closed cases. 1 BBC News. (2005, April 3). Double jeopardy law ushered out. Retrieved May 12, 2011, from BBC News: | |
The people who are protected by this rule are the guilty who are wrongly declared innocent; the murderer whose voice couldn’t be identified on the tape; the rapist who couldn’t be identified because DNA testing wasn’t sufficiently developed at the time; the robber who couldn’t be identified because facial mapping technology didn’t exist to show their face beneath the mask. People may in unguarded moments confess to crimes for which they have been found not guilty. Why would the state be in their favour and against the victims that so deserve justice - why should victims suffer because evidence didn’t emerge until later? The test for guilt will still be 'reasonable doubt' - defendents who are genuinely innocent have no need to fear because they will still be found innocent. | |
While they undermine the court, they are an inevitable quid pro quo of part of diplomatic relations with the US, the last remaining superpower. While impunity is not ideal, it is better than not signing and taking part in international criminal justice at all. Creating BIAs does not mean that the countries in question will absolve their own citizens of wrongdoing instead they are likely to be tried at home and in some cases may still be handed over to the ICC. | |
The rationale for the BIAs is flawed The Bilateral Immunity Agreements that these states have entered in to undermine the court that these states have signed up to. BIAs invalidate the intention for the ICC that any person who is subject to the jurisdiction of the court (which only triggers when an individual is a citizen of a state that has ratified the Rome Statute, or in the territory of a Rome Statute state) and commits the horrific acts covered by the Rome Statute should be brought to trial by providing a get out clause for the powerful. A proliferation in BIAs could potentially render the ICC a court that can only try nationals of small states that do not have the leverage to get others to agree to BIAs, already the ICC is accused of bias in putting Africans on trial and ignoring the rest of the world, such agreements make this worse. [1] BIAs by one state, the United States, creates a precedent for other states to use and as they do so the field that is available for international criminal justice will become smaller and smaller. [1] Kersten, Mark, “African and the ICC: Some Unsolicited Advice”, Africa at LSE, 28 May 2013, | |
The United States is not under any form of responsibility to other states to provide them with military and other aid. Aid has always been provided with strings attached to those whose receipt of aid is considered beneficial. It is within the purview of the US to decide who they give aid to, based on their own priorities. This is simply part of the diplomatic process. If the US wishes to provide aid to countries that sign up to treaties then this is its right, it is perfectly normal to provide a sweetener to encourage states to sign up while punishing those that don’t. This then is a good reason why these European states should not pull out of their BIAs. To do so would mean losing the financial benefits being provided. At the same time it would also show that these states are not to be trusted when they sign up to international agreements. | |
The BIAs are at best bad faith compliance, and worst a blatant violation of the Rome Statute The European states have signed and ratified the ICC Statute and should honour it, to do otherwise makes a mockery of the ICC which those states supported throughout its genesis and at least claim to continue to support. Article 98(2) was only intended to be a factor where there are other agreements such as status of forces agreements (an agreement entered in to between two states, one having military forces in the other voluntarily, such as British troops in Germany). It was not meant as a broad-brush way for states being able to grant selective immunity to citizens of non-member states who have committed genocide or crimes against humanity inside the jurisdiction of an ICC member state. Signing an Article 98 Agreement is at best accepting foreign instigation of the abuse of process of a treaty. At worst it is accepting an illegal attempt at circumventing the treaty. | |
The text of the Rome Statute is clear. Article 98(2) is unspecific as to the variety of international agreements that it covers, unlike the narrower Article 98(1) covering diplomatic immunity. Article 98 Agreements are a tool that is a legitimate method of the US ensuring that US citizens are not subject to trial and punishment by a court which the United States is not a part of. This would run against the principle that a treaty only affects states that have signed and ratified it, rather than any others. | |
The BIAs were only granted following bully tactics from the United States The United States has been accused of using bullying tactics in the pursuit of gaining Article 98 Agreements by, amongst others, Human Rights Watch [1] . This has included significant reductions in non-military, development aid, including to countries such as South Africa, the Bahamas [2] and Peru [3] , as well as making threats to accession to NATO in the case of Croatia. [4] By signing up to Article 98 Agreements, European nations help contribute to a climate where smaller nations can also be strong-armed in to harming the International Criminal Court by signing them, even if they were not subject to blackmailed in to it themselves. [1] Roth, Kenneth, “Letter to the US Secretary of State Colin Powell on Bully Tactics against the International Criminal Court”, Human Rights Watch, 2003 [2] Roth, Letter to Colin Powell, 2003 [3] Keppler, Elise, “The United States and the International Criminal Court: The Bush Administration’s Approach and a Way Forward Under the Obama Administration”, Berkeley Journal of International Law, 2009, 2, p12, [4] Roth, Letter to Colin Powell, 2003 | |
Theoretical impunity is still impunity. The concept that any entity should be given special treatment by the law runs contrary to principles of the rule of law. If such immunity is not going to be needed then there is very little reason for the agreements in the first place and there should be little objection to getting rid of them. | |
The Rome Statute itself does not bind any state to be put on trial – it binds individuals. Individuals violating the criminal law of a state (the Rome Statute also integrating the international criminal law in to the national criminal law) have always been subject to trial and punishment by that state, barring cases of diplomatic immunity or other separate cases. This is nothing new – the Rome Statute respects the sovereignty of a nation within its territory. If anything, it is the use of coercive tactics by a state to give its citizens immunity from the ordinary law that is the violation of national sovereignty. Even without the BIAs it would only be possible to prosecute Americans if they commit an international crime in the jurisdiction of another state. When this occurs due to the principle of territoriality it has traditionally been the case that the state upon whose territory the act was committed is able to try those who committed the act. It is not a violation of sovereignty to allow the ICC rather than the other state the right to bring the defendant to trial. | |
Withdrawal from Article 98 agreements would hamper relations with the US Many of the states in Europe that have signed up to BIA’s are applicant to NATO which leaves them in a difficult position when it comes to withdrawing from such a treaty. While NATO members are exempt from the punitive provisions aimed at states who do not have Article 98 agreements, in order to join NATO the state will need the support of the United States. Such support will be less forthcoming if that country has abandoned an agreement with the United States such as a BIA. Linking issues is not unusual in international relations whether it is linking multiple issues in a single larger negotiation or blocking progress in joining an organisation as a result of a single issue. Perhaps the best example of this occurring is Turkey and the EU where Turkey’s membership has been held up by its dispute with Cyprus over the northern half of the island. [1] Even if the United States were to allow an application to NATO to proceed despite the abandonment of their bilateral treaty relations will surely be damaged. No state is going to welcome another state unilaterally withdrawing from a treaty they have signed. The Eastern European states value their relationship with the United States due to that country’s commitment to their independence and support during the early 1990s as the soviet bloc broke up. It would not make sense for these small independent countries to risk relations with the world’s most powerful statements over an agreement which is unlikely to ever have a practical relevance. [1] Rinke, Andreas, and Solaker, Gulsen, “Cyprus remains stumbling block in Turkey’s EU ambition: Merkel”, Reuters, 25 February 2013, | |
Article 98 Agreements are unlikely to be needed The prospect of an Article 98 Agreement actually being relied on is slim. It would require the International Criminal Court to prosecute an American for a crime against humanity, or genocide, that takes place in ICC member state. There is next to no chance of the UN Security Council referring a case against America to the ICC as the US has a veto as a permanent member. The ICC already makes only a highly limited number of prosecutions per year, in obvious cases, and so far all of these have been focused on the developing world. While Article 98 agreements may be unsavoury, the chance of them actually being used to grant someone impunity is low. | |
Article 98 Agreements are a crucial tool in maintaining American national sovereignty As a key part of its national sovereignty, the US should not be required to have its citizens subject to the ICC if it does not ratify the treaty itself of its own choice. It is an accepted principle, as enshrined in Article 34 of the Vienna Convention on the Law of Treaties, [1] that a treaty only binds the states that have consented to it. Binding citizens of states who are not parties, who may be acting under the orders of a state arm, such as a military, when in the territory of state parties, violates that state’s sovereignty. There have been attempts to put US soldiers on trial. Italy for example put Mario Lozano on trial for the killing of an Italian agent in Iraq, the US maintained he was doing his job at a checkpoint and provided warnings while the Italians considered it murder. In this case the United States was able to refuse to hand the soldier over but BIA’s ensure that such actions will not be a concern whenever troops are deployed abroad. [2] Bilateral Immunity Agreements are a legitimate tool to ensure that this key principle is protected in the case of the International Criminal Court – this has no bearing on the nations that desire to be part of the International Criminal Court. [1] United Nations. Vienna Convention on the Law of Treaties, 23 May 1969, [2] “Controversial Trial Opens in Rome: Italy Tries US Soldier For Iraq Murder”, Spiegel Online, 17 April 2007, | |
The US is not focusing on encouraging existing NATO members to withdraw from the ICC. Existing NATO members are not subject to the aid-cutting provisions of US law (before and after the Presidential waiver was created), neither are major non-NATO allies – indeed, all EU member states in NATO are ICC members, with the exception of Romania none have signed an Article 98 agreement. Much of the US antagonism to the ICC came during the Bush administration, when the ICC was an unproven organization in its infancy. Since then, US Policy towards the ICC has softened, as can be evidenced by the US voting in favour of referring the situation in Libya to the ICC (compared to abstaining in the referral of Darfur), so it would be unlikely to do much harm to bilateral relations if other states were to expand their co-operation. No EU member state other than Romania has entered in to an Article 98 Agreement with the US. [1] [1] Barbour, The International Criminal Court, 2010 | |
The police should not be reacting in such a way that they exacerbate those problems. By routinely arming its police officers, the state effectively legitimizes the weapon as a symbol of authority. Whether or not this is pragmatic, it is an implied affirmation of the criminal sub-culture, which will accordingly be strengthened. The argument about a rapid increase in gun crime in the UK depends upon a very limited and selective use of crime data. Recorded gun crime did indeed rise by close to 105% between 1998 (when handguns were banned in the UK after the Dunblane tragedy) and 2003, but a large proportion of that increase is attributable to air weapon misuse and non-firing replica weapons. [1] Since then the increase has largely stabilised and even fallen. A temporary trend, now brought under control, is not necessarily a strong argument for changing, for ever, the nature and character of British policing. By this policy—especially in the absence of a Constitutional right for citizens to bear arms—the role of the police is essentially defined in opposition to at least part of the citizenry. This can be contrasted to the more common expectation that police and citizens operate under essentially common rules, for shared values and that policing is undertaken in a spirit of the minimum use of force and by ‘public consent’. [1] Squires, P. 2008 Gun Crime: a Review of Evidence and Policy, Centre for Crime and Justice Studies | |
The police should be equipped to react to contemporary social problems The old-fashioned notions of friendly neighborhood unarmed policing reflect the aspirations of a different age. As armed violence has increased sharply in parts of the developed world, the police need to redefine their role so that it is a more appropriate response to contemporary problems. In the UK, for example, gun crime almost doubled in the decade to 2008, [1] while the rise in London gun crime has tripled, the police need to be able to respond to this. [2] There is also danger in being a state with unarmed police when others states have armed police forces. The unarmed nation may be seen as a “soft touch” compared to other regional nations. This can encourage an importation of criminality. [1] Whitehead, Tom, 'Gun crime doubles in a decade', The Telegraph 27 October 2009, [2] Bamber, David, ‘Gun crime trebles as weapons and drugs flood British cities’, The Telegraph, 24 February 2002, , accessed 20 September 2011 | |
When a police officer carries a weapon, she faces the risk of having that weapon turned on her by a criminal. It is also more obvious to a criminal that they need to shoot first against an armed officer whereas against an unarmed one they may be more open to listening and less likely to try and pre-empt being shot. So arming the police can sometimes make the police more vulnerable, rather than more protected. If, as the opposing argument suggests, legally owned guns are part of the risk profile facing the police, measures ought to be taken to reduce the risk and restrict levels of gun ownership. The police have had a National (legal) Firearms Database since 2006 allowing them to assess whether someone they will be dealing with is a gun owner or whether the premises they are attending contains licensed firearms. Criminal misuse of illegal firearms is a different matter although, as has been argued, protection and safety are not the same as ‘armed’ and more armed police will probably mean more shootings and, equally probably, more mistakes and armed confrontations. [1] [1] P. Squires and P Kennison 2010 Shooting to Kill: Policing, Firearms and armed response. Oxford, Wiley/Blackwell. | |
Arming the police is a necessary step Police officers are routinely armed already in a variety of situations. This is a small step, as police officers are routinely armed already in a variety of situations, e.g. at airports and when providing security for political leaders or institutions. As mentioned earlier armed police have even been used before on routine patrols in areas where there has been gun crime. [1] Already rapid-response units of armed officers are available to deal with armed criminals, but these need to be specially summoned and authorised. Often, they arrive too late to do any good. The next obvious step would be to have many more police armed so as to make this response much faster. [1] BBC News, ‘Armed police patrols withdrawn’, 7 February 2003, accessed 20 September 2011 | |
An armed police force will deter criminal behaviour Most countries in Europe and North America have armed police forces, in part to deter criminal acts, but also to protect officers working in an armed or dangerous environment’ . Armed criminals operate in at least some areas of virtually every jurisdiction. Given this reality, a failure to routinely arm the police gives armed criminals a strong advantage in terms of their ability to threaten and commit violence, without any corresponding risk to themselves. [1] In Bristol in England where police are not routinely armed the deployment of armed police in inner-city areas in 2003 defused gang tensions and reduced crime enough to allow the armed police to be withdrawn again. [2] Only putting armed police in for brief periods will only have a short term impact, having permanently armed police is the only way to keep this deterrence in effect. A world-wide ‘meta-study’ of armed police patrols found some evidence that in high violence areas, targeted armed police patrols could chill down the tensions and reassure the community but the evidence was not very compelling and the authors acknowledged that such a ‘sticking plaster’ approach was no long term solution to urban violence [3] . [1] Kopel, David B., ed., Guns: Who Should Have Them, Prometheus Books, 1995. [2] BBC News, ‘Armed police patrols withdrawn’, 7 February 2003, accessed 20 September 2011 [3] Koper, C.S. and Mayo-Williams E. (2006) Police crackdowns on illegal gun carrying: a systematic review of their impact on gun crime. Journal of Experimental Criminology Vol. 2 pp. 227-261. | |
Arming the police can lead to a spiral of violence. In places where the police are not routinely armed, a portion of criminals will not arm themselves (since, for example, armed robbery often carries a higher sentence than robbery). Once the police are armed, criminals who do not match their capability operate under a strong disadvantage. Therefore, when the police become routinely armed, the criminal world fully arms itself in response. [1] The mere fact of increased weapons possession (by both police and criminals) will in itself result in higher use, since in circumstances where arms may not be currently used (e.g. a police chase), either side carrying weapons will mean that they consider shooting an option which they did not formerly possess. A study comparing police dispute resolution in Norway and Sweden (the former unarmed, the latter armed) [2] tended to confirm that where police have guns, they are much more likely to use them – the Swedish police shot significantly more suspects. Thus gun availability effectively reduces the options currently available to police along the ‘continuum of force’. For example, if the police are armed, they are less likely to use less harmful alternatives such as tasers, “stun guns”, CS spray, and negotiation, even though the lowered lethality of a technology generally seems to imply it will be used more frequently. [3] [1] Talking Point, ‘Should British police carry guns?’, BBC News, 12 February 2001, accessed 20 September 2011 [2] Knutson , J and Strype J. 2003 Police use of Firearms in Norway and Sweden Policing and Society Vol. 13(4) pp. 429-439. [3] Porter Henry, ‘Should the police ever shoot to kill?’ Liberty Central, 13 May 2009, , accessed 20 September 2011 | |
The large majority of policewomen and men go through their whole career without handling firearms. The numbers in the firearms authorised officers are low, only 6780 in 2007-8 out of more than 100,000 police, [1] and even these have been criticised by SAS officers who stated “When the tension starts to rise and the adrenaline is flowing, the ‘red mist’ seems to descend on armed police officers who become very trigger-happy. This has been shown time and again in training exercises.” [2] Any expansion of the numbers of police carrying firearms could result in many more unsuitable police carrying guns. [1] Coaker, Vernon, ‘Statistics on police use of firearms in England and Wales 2007-08’, Home Office, 2 March 2009, , accessed 20 September 2011 [2] Winnett, Robert, ‘SAS trainers denounce ‘gung ho’ armed police’, The Sunday Times’, 18 September 2005, , accessed 20 September 2011 (original article is no offline but the quote was not picked up by other newspapers) | |
Arming police would negatively impact the relationship between the police and the community – this is especially so in relation to some communities which feel that they bear the brunt of heavy, enforcement-led policing (for example young men in urban areas, ethnic minority groups). [1] Arming the police might delegitimise their role as community standard bearers. Many law-abiding citizens who have no connection to the criminal underworld are horrified by armed police, whom they regard as alien to their cultural frame of reference. Guns potentially place a distance between the people and the police and impact the relationship in a negative way. It impacts not only those who would perform potentially criminal activity, but even day to day police interaction such as breathalysing and spot checks on vehicles. The police would no longer be viewed as ‘upholding the peace’ but rather enforcing through threat. Even worse than the distancing effect, lethal weaponry is also a potent symbol of brutality. This can undermine the ability of the police to be seen as a key constituent part of civil society. This problem is exacerbated when this symbolic brutality is applied in ways that deviate from the expectations of civil society, for example through unfair racial profiling. Finally – arming the police may well alter the profile of police recruits. Police managers sometimes remark that the very last person to trust with a firearm is the one who wants one the most. [1] Jefferson, T. (1990) The Case against Paramilitary Policing, Milton Keynes, Open University Press; P. Scharf and A. Binder 1983 The Badge and the Bullet: Police Use of Deadly Force, New York, Praeger; Kraska, P. and Kappeler, V.E. 1997 Militarizing American Police: The Rise and Normalization of Paramilitary Units Social Problems, Vol. 44, No. 1 (Feb., 1997), pp. 1-18. | |
Policing is a dangerous job. Police officers should be allowed to arm themselves There is a global increase in gun ownership, even in countries which did not traditionally think of themselves as having a large criminal gun culture. Presently 1.8 million legally held guns are accounted for in the UK. [1] This increases the risks to frontline police officers of being the victims of gun crime. Police officers should have a right to protect themselves. Fewer officers may die on duty if they were better able to protect themselves. Arming the police is essentially a matter of self-defence rather than being actively involved in regular firearms incidents. This is shown by the fact that most routinely armed police never fire their weapon on active duty in their whole career. [2] If being a police officer is a safer job, then there will be a larger applicant pool to choose from, and thus better, more qualified police forces. [1] Legal Community Against Violence, ‘Large Capacity Ammunition Magazines’, 2011, , accessed 20 September 2011 [2] BBC News, ‘Q&A: Armed police in the UK’, 8 June 2010, , accessed 20 September 2011 | |
Arming the police makes communities feel safer Armed police reassure law-abiding citizens at a time when gun-related crime is increasing in most European countries and parts of North America. In the UK 28 gun crimes are committed every day. [1] Much public opinion holds that something must be done to tackle this. [2] The sight of armed police officers patrolling the streets will not only deter gangs from harassing residents, but will instil in communities a confidence that they are being properly protected. Gangs are not interested in fighting the police; they are more concerned about attacks from other gangs in their area who are willing to break the law and attack them unprovoked. People feel safer when they see armed police, especially if they perceive them as a response to a heightened risk. Thus, for example, police officers at British airports routinely carry sub-machine guns, although there is no evidential pattern to suggest that this high-visibility weaponry offers any situational strategic advantage over a more subtle arming. [1] Hope, Christopher, ’28 gun crimes committed in UK every day’, The Telegraph, 24 January 2008, , accessed 20 September 2011 [2] Shearing, Clifford et al., Lengthening the Arm of the Law: Enhancing Police Resources in the Twenty-First Century, (Cambridge Studies in Criminology, 2008) | |
Violence is already escalating and we need a robust response. Many communities are vulnerable to postcode gangs comprised of young people aged 14 and upwards who are armed and dangerous and making their areas unsafe to live in. Only a robust and proactive response from the police such as patrolling such territories with firearms so as to protect themselves and innocent civilians will address this problem. | |
The police themselves are calling for more routine arming in the United Kingdom, through both the unions that represent rank and file policemen, and the bodies which speak for the senior officers. If we want them to uphold law and order, we should trust the police's judgement about the tools they need to carry out their task. To the contrary, recruitment will also suffer if police officers are seen as too vulnerable, as easy targets for criminals because they have no proper means to defend themselves. | |
When the police are armed, mistakes will lead to innocent people getting shot Even with the special selection measures and intensive training given to firearms officers, mistakes sometimes occur, and innocent people are shot. This can happen either by mistake because the armed officers are acting on inaccurate information, or because they are bystanders caught in the cross-fire of a shoot-out. Arming all police officers would mean ditching the current stringent selection methods for who is armed, and would inevitably result in less training being provided, so mistakes would become much more common and more people would be wounded or killed. Such as the Amadou Diallo shooting in New York in 1999, or the shooting of Jean Charles De Menezes at Stockwell underground station in 2005. [1] Squires and Kennison, in their 2010 book, detail a number of case studies of mistaken police shootings, further details can be found on the IPCC Inquiry reports website. [2] [1] The New York Times, ‘Amadou Diallo’, , accessed 20 September 2011 [2] P. Squires and P Kennison 2010 Shooting to Kill: Policing, Firearms and armed response. Oxford, Wiley/Blackwell. | |
Arming the police does not deal with the causes underlying violence The real issues that cause crime usually lie in societal issues and a lack of a proper rehabilitation effort in the justice system. The root problems are therefore not being solved by arming the police. This policy only masks the problems societies face. Governments need to make more long-term, sustainable investments. They should be attempting to change the culture that creates violence, providing jobs for those who are in poverty making sure that everyone feels they have a stake in society, rather than rely on a “quick fix” plan that tackles none of the real issues. | |
Arming the police will cause an escalation in criminal violence The British Crime Survey maintains that gun crime is very rare throughout the UK. The reason communities are so afraid is that the over-zealous media continually hype up individual incidences of gun crime in order to attract more readers. The statistics show that knife and gun crime are overrepresented in the news, with 25% of newspapers stories on average being dedicated to crime. [1] Because of this exaggerated coverage, there is a moral panic in which people think that if they are attacked it will be by a knife-wielding maniac. This is simply not true. There is more chance that you will be in a car accident than be attacked on the street. Introducing guns onto the streets, even in a legal and well-intentioned manner is a trigger for increasing the number of guns that gangs and organised crime groups bring onto the street. [1] Media Awareness Network, ‘TV Crime Facts – Teaching Backgrounder’ , accessed 20 September 2011 | |
Recruitment will be adversely affected if the police are armed The police are split on this issue at all levels, so it would be wrong to listen only to the loudest voices. The police should also be held firmly under civilian control. Policy areas such as the carrying of firearms or stop-and-search procedure should be subject to political decisions and accountability. Recruitment may well be adversely affected if the police are armed; many current officers opposed to this measure may leave, and others like them will not apply to join the force in the future. Do we want a police force largely composed of people who want to carry a gun every day? Japan’s police force are trained in combat without weapons and they some of the lowest crime rates in the world. The country has a steadily decreasing crime rate, with this year alone, overall crime has decreased by 1.4%. [1] [1] Eguchi, Arichika, and Kanayama, Taisuke, ‘Japan’s Challenge on the Increase in Crime in the New Century’, Police Policy Research Center, , accessed 20 September 2011 | |
Arming police is not mutually exclusive with other policies that could deal with the whole spectrum of crime-related issues. This debate is not suggesting that other issues related to crime will not be dealt with. Rather that in order to facilitate a reduction in crime the criminal justice system will be served by police who are armed. It is untrue to suggest that simply because the police are armed, other integral parts of crime reduction will be ignored. | |
Armed police already exist in a number of situations and a rise in mistaken shootings that the opposition fear is not evident in these areas. | |
Treatment programs can address the problems of those who are addicted, and many casinos offer “Self-Exclusion Programs”, where individuals can effectively “ban” themselves from casinos. This could be the initiative of either the gambler or their family or friends. | |
Gambling leads to the disintegration of families Gambling can have a devastating effect on families. The most obvious effect is financial as one partner uses all their money on gambling the other needs to support the whole family or the gambler may even gamble away joint savings. Psychologically there is a relationship between gambling and various psychiatric and alcohol disorders. This is also an impact on friends, who do not want to be tied into supporting gambling financially or even just emotionally. Lesieur and Custer estimated that for each problem gambler there were 10-15 other people adversely impacted by the gambling of that person.1 As with drugs, it is harmful to the individual concerned and their family and friends, and it is better to ban gambling to stop people getting started in the first place. 1 Shaw, Martha C. et al., ‘The Effect of Pathological Gambling on Families, Marriages , and Children’, CNS Spectrums, Vol. 12, No. 8, 2007, pp.615-622. | |
Gambling is associated with other forms of addiction and harmful behaviour Gambling makes people concentrate of winning money. Religious leaders of all denominations see gambling as eroding family values1 because it implies that material goods should be valued above other things like friendships and families. It also sends out the message that success should not necessarily be the result of merit and effort. As a philosophy, ‘gambling culture’ is incredibly dangerous. Those in society who most need to self-improve, never do. Instead, they tie their hopes and dreams to the lottery. There may be the possibility of winning a big prize, but the overwhelming likelihood is that a gambler will lose money. Instead, governments should be promoting values like thrift, hard work and self-reliance rather than encouraging or even allowing gambling to promote its own negative values. 1 Holahan, Catherine, ‘Online Gambling Still in the Cards’, Bloomberg Businessweek, 3 October 2006. | |
Internet gambling is in fact less dangerous than normal gambling. It is free from the pressures to gamble that casinos can create through free food and entertainment, glitzy surroundings and peer pressure. And as children can’t get credit cards, they should not be able to gamble online anyway. Stolen credit cards can be used to commit fraud in any number of ways - online gambling is not a specific problem here. It is also in the interest of internet gambling sites to run a trustworthy, responsible business. Whatever they are looking for online, internet users choose trusted brands that have been around for a while. If a gambling site acts badly, for example by changing its odds unfairly, word will soon get around and no one will want to use it. | |
Gambling affects poor people disproportionately Poor people are more likely to gamble, in the hope of getting rich. In 1999, the National Gambling Impact Commission in the United States found that 80 percent of gambling revenue came from lower-income households1. It is immoral for the state or charities to raise money by exploiting people’s stupidity and greed. Taxing gambling is a regressive tax (this means that the poor pay a greater proportion of their income in tax than the rich), and regressive taxation is deeply unfair. Gambling attracts people with little money who are desperate for a windfall. These are the people who can least afford to lose money. 1 Mark Lange, The Gambling Scan on America’s Poor, Allnet.com, May 3 2007. | |
Gambling is addictive and psychologically harmful Gambling can become a psychologically addictive behavior in some people. According to the Emotional Neuroscience Centre in Massachusetts, “Monetary reward in a gambling-like experiment produces brain activation very similar to that observed in a cocaine addict receiving an infusion of cocaine.”1 Because of this addictive nature, many people end up gambling to try to recover money they have already lost. This is known as ‘chasing losses’. It results in people staking more and more money, most of which they will lose, and sinking deeper and deeper into debt. People start to gamble without thinking that they will become addicted. Once that happens, it is often too late. A gambling addiction, in addition to the long term effects it has, can result in financial ruin in a few short hours. 1 Johannes Hedwig, Hypersensitivity to Reward in Problem Gamblers, Biological Psychiatry, April 15 2010. . | |
Unlike drugs, gambling is not physically or metabolically addictive. Most gamblers are not addicts, simply ordinary people who enjoy the excitement of a bet on a sporting event or card game. Only a small percentage of gamblers have an addiction. Many more get enjoyment from gambling without problems. The risks of gambling addiction are well known. People can make a conscious choice to start gambling, and are aware of the risks of addiction. | |
Gambling effects every person in the same way, everyone have the free will to decide to gamble and each may win or lose despite of their wealth or position in society, thus gambling cannot affect poor people to a greater extent. Gambling is only regressive because more poor people choose to gamble. Gambling does also have good effects on all member of society- Gambling is often used to raise money for the state or good causes. Many governments tax gambling. Some even run their own lotteries. Charities use prize draws to raise funds. Because people will gamble anyway, the best that governments can do is to pass rules to make it safe and try to get some social good out of it. If the government uses the revenue to help people on lower-incomes, it is not necessarily true that taxes on gambling are regressive and target the poor. | |
There is no evidence that gambling makes people not care about others. People do not gamble because they expect to win lots of money. Most gamble as a form of entertainment. Also, there are many areas of life where success is not the result of merit or hard work. Someone born to well-off parents may get many advantages in life without merit or hard work. There are therefore no grounds for thinking that gambling promotes these undesirable values. The desire for wealth one that stems from society as a whole, not casinos. | |
People committing crimes should be prosecuted. The existence of criminals does not make nearby businesses (including casinos) immoral. It is perverse to punish people who just want to gamble (and not take drugs or use prostitutes) by taking away their chance to do so. | |
Online gambling has increased the incidence of gambling addiction Someone can become addicted very easily – they don’t even need to leave their home, and online gambling sites are available at all hours. This also means that they are gambling in private. They may therefore be less reluctant to wager very large sums they cannot afford. In the United States in 1999 the National Gambling Impact Study stated "the high-speed instant gratification of Internet games and the high level of privacy they offer may exacerbate problem and pathological gambling",1 and it is estimated that 75% of internet gamblers are problem gamblers, compared with 20% of those who visit casinos. It is very hard to know the identity of an online gambler – there have been several cases of people (including children) using stolen credit cards to gamble online. Online gambling sites can also get around government regulations that limit the dangers of betting. Because they can be legally sited anywhere in the world, they can pick countries with no rules to protect customers. 1 Skolnik, Sam, High Stakes: the Rising Cost of America’s Gambling Addiction, Beacon Press, 2011, Chapter 5 | |
Casinos are often used to mask criminal activity Casinos are often associated with crime, particularly organized crime. When it comes to local crimes a study has found that only larceny(theft) liquor violations increased significantly with a small increase in prostitution.1 But comparing statistics probably does not show the real harm; drug dealers and prostitutes operate near casinos – they know that there are a large number of potential clients in the area. Moreover when a gambler is in debt and wishes to continue gambling due to its addictive nature, he or she often turns to loan sharks as no bank would lend to them. Casinos can therefore be devastating to neighborhoods. It would of course be wrong to assume all gamblers are criminals, although there is an increased possibility that gamblers in debt could turn to criminality through illegal borrowing. These loan sharks themselves usually have links to organized crime, in some cases are actually run by organized crime,2 and use brutal methods to reclaim their money. By banning gambling the opportunities for loan sharks to offer their services is greatly reduced due to a lesser amount of gamblers in debt, as are the opportunities for prostitutes therefore reducing criminal activity in the areas surrounding casinos. 1 Stitt, Grant, et al., ‘Does the Presence of Casinos Increase Crime? An Examination of Casino and Control Communities’, Crime & Delinquency, Vol. 49, No. 2, April 2003, pp.253-284, P.279 2 Jordan, Mary, ‘Mafia loan sharks making a killing’, Washington Post, 15 March 2009. | |
The economic benefits of casinos are exaggerated.1 They generally only create low-paid jobs for local people – the casino companies usually bring in managers from elsewhere. The problems associated with casinos (e.g. crime, gambling addiction) outweigh the economic benefits. In any case, an immoral industry is not justified by the fact that it creates employment. 1 John Warren Kind, "The Business-Economic Impacts of Licensed Casino Gambling in West Virginia: Short-Term Gain but Long-Term Pain", PBS, 1994 | |
Gambling is a harmful activity and could have harmful effects on not only to individuals but also on their friends and family. Gamblers may win money from time to time, but in the long run, the house always wins. Why should governments allow an activity that helps their citizens lose the money they have worked so hard to earn? Surely it is the responsibility of the government to protect its citizens from harming themselves, just as harmful substances are illegal, gambling should also be illegal. | |
It is impossible to effectively ban gambling When gambling has been banned, people have just found a way round the ban. They use internet sites based in other countries. A good example being the Ukraine, who in May 2009 made gambling illegal, this included internet gambling. By July 2009, over 500 illegal gambling operations were established, where 6,000 slot machines were confiscated and 216 criminal charges were made in connection to illegal gambling.1 This illustrates how banning gambling can creates a thriving underground market. It is better to legalize and regulate online gambling than to drive gamblers to poorly-regulated foreign operators. Regulation can reduce the problems identified by the proposition. For example, online gamblers can be required to give personal details when registering (e.g. occupation, income). If this information suggests he or she is spending more than they can afford, the company can block their credit card. 1 Kyiv Post, ‘Governmental checks expose over 500 facts of illegal operation of gambling establishments’, 20 July 2009. | |
Many activities directly comparable to gambling are already legal and regulated What is the difference between gambling and playing the stock market? In each case people are putting money at risk in the hope of a particular outcome. Gambling on horse-racing or games involves knowledge and expertise that can improve your chances of success. In the same way, trading in bonds, shares, currency or derivatives is a bet that your understanding of the economy is better than that of other investors. Why should one kind of online risk-taking be legal and the other not? | |
Casinos create positive economic effects in the communities that host them Casinos can revive entire areas and regions. They create jobs and cause money to be spent on transport infrastructure. The jobs are not just in the casino itself. More jobs are created in hotels and other parts of the tourism industry. In an article for nwjob.com Sandra Miedema, ‘Snoqualmies’ employment coordinator is quoted saying that at any one time there are an average of 20 vacancies, from chefs to table dealers.1 In the United States commercial casinos employed more than 350,000 people in 2003.2 Casinos have helped to regenerate many places that previously had considerable poverty and social problems, e.g. Atlantic City, New Jersey5. 1 Libraryindex.com, ‘Casinos: The Effects of Casinos – Employment’ 2 Associated Press, Atlantic City to be transformed by 2012, November 20 2007 | |
Gambling is simply a leisure pursuit People have free will and should be allowed to spend their money on which ever leisure pursuits they choose. Gamblers know that, overall, they are likely to lose money. They gamble because it is a leisure pursuit that they enjoy. There is nothing irrational about this. Some people get an enjoyable thrill from the remote possibility that they might win a huge prize – even if he or she loses, they enjoy the experience. Some forms of gambling are highly sociable. For example, many people are involved in ‘social gambling’ and go to bingo halls (or equivalent) to spend time with friends, and some types of gambling are interlinked with other leisure pursuits such as horse racing.* Society accepts people spending money on other leisure pursuits with no material benefits (e.g. cinema tickets, watching sport) – gambling should not be any different. It is patronizing to suggest that people should not be able to choose how they spend their money or their leisure time. 1 The General Education Centre of The Hong Kong Polytechnic University, ‘Report on A Study of Hong Kong People’s Participation in Gambling Activities’, Home Affairs Bureau, March 2002, p.4 | |
Gambling is not impossible to ban, although it will not be easy such examples of states that have banned it show that it is possible and although illegal activity may arise from the ban this can also be stopped by though rules. If government did not ban activities where some may find a way around it, nothing would be banned at all. Making an activity more difficult to pursue will still reduce the number of those who take it up. It is not impossible to put effective deterrent steps in place, such as the recent US ban on American banks processing credit card payments to internet gambling sites. | |
This would be an argument in favour of preventing countries from developing any deterrent at any time, because it would make them easier to invade. It presumes, firstly, that it would be a good thing for the United States to be able to invade countries that do things it does not like at will, and secondly that it assumes that deterrence will not deter the initial invasion in the first place. The main reason why great powers involve themselves in wars, is because many smaller countries are not able to fight off larger ones using their own resources and so the great power expects an easy victory assuming it can avoid intervention by other great powers. Jammu and Kashmir could not stand up to the Indian army in 1947 and Kuwait could not stand up to Iraq; Georgian was unable to mount armed resistance against a Russian incursion and neither was Chechnya. Nuclear Weapons are a great equalizer, and if one consequence of Iran developing Nuclear weapons is that all of her neighbours do so as well, then war will become far less likely, and US intervention will become unnecessary. As a consequence, in the long-run, Nuclear proliferation is a self-correcting problem. | |
The possession of nuclear weapons by some states drives others to militarize, creating arms races. er, the government possesses nuclear weapons it can threaten to use them, and thereby deter a counter-invasion or prevent the International community from being able to intervene to depose it. This can be seen in the relative coddling Pakistan has received both from its political and territorial opponent India, and from the United States since its development of Nuclear Weapons. [3] Actions that previously would have led to sanctions or worse, such as aid to the Taliban, assistance to the Nuclear Programs of Rogue States – most famously through the A.Q. Kahn network that supplied Libya, Iran and North Korea, [4] and complicity in terrorist attacks in India are brushed off with empty words [5] and meaningless semi-sanctions, India itself is deterred from making any response. [6] Indeed, US policy in recent years has been to try to buy off Pakistan rather than to coerce it. [1] Morgenthau, Hans J., Politics Among Nations: The Struggle for Power and Peace, Fifth ed., 1978, pp.4-15, [2] Kaplan, Robert D., ‘Why John J. Mearsheimer Is Right (About Some Things)’, the Atlantic, January/February 2012, [3] Miglani, Sanjeev, ‘Pakistan’s nuclear weapons, a deterrent against India, but also United States?’, Reuters, 9 April 2011, [4] Kerr, Paul K., and Nikitin, Mary Beth, ‘Pakistan’s Nuclear Weapons: Proliferation and Security Issues’, Congressional Research Service, 30 November 2011, pp.20-23, [5] The Associated Press, ‘India reluctant to blame Mumbai blasts on Pakistan’, CBCnews, 15 July 2011, [6] Narang, Vipin, ‘Pakistan’s Nuclear Posture: Implications for South Asian Stability’, Harvard Kennedy Sc Belfast Center for Science and International Affairs Policy Brief, January 2010, | |
[Iran specific] Others, particularly Israel, would act if the United States did not A failure of the United States to act would motivate Israel to do so. [1] Israel is under much more pressure to act as it would be the most affected by Iran going nuclear. The result would be catastrophic, as Iran would be able to portray itself as a victim of Israeli aggression, leading to a massive outpouring of pro-Iranian and anti-American sentiment in the middle east and central asia. It could easily spark a regional war across the middle east as Iranian proxies strike back against Israel and U.S. forces around the region. [2] The US would get all the harms of direct intervention with none of the benefits, and efforts to fight Hezbollah and Hamas, both within Palestine and elsewhere, would be undermined by their newfound sympathy in the region and the need of Arab governments to pander to it. [1] Ravid, Barak, ‘Report: U.S. preparing for an Israeli strike on Iran’, Haaretz.com, 14 January 2012, [2] Benhorin, Yitzhak, ‘Attack on Iran would ignite regional conflict’, ynetnews.com, 3 November 2011, | |
Preventing nuclear weapons from falling into the hands of terrorists is a serious concern, but terrorists tend to be stronger in weak states than strong ones. That is one reason why Pakistan has figured so prominently in weapons sales in the past. Invading a country like Iran would be more likely to destabilize things than stabilize them. This argument is underlined by analysis of the second Iraq war. Al Qaeda and Shi’a insurgent groups became a far stronger presence in Iraq following the coalition invasion than before the arrival of American and British troops. [1] As a consequence, it is unclear if invading these countries is a better way of preventing transfers of nuclear technology than sanctions and other methods of coercing their governments. [1] Mazzetti, Mark, ‘Spy Agencies Say Iraq War Worsens Terroism Threat’, The New York Times, 24 September 2006, | |
[Iran specific] Iran has threatened to destroy Israel Iran has explicitly threatened to destroy Israel, President Ahmadinejad described Israel as a "disgraceful blot" that should be "wiped off the face of the earth". [1] Such a prospect would be disastrous, not just in its initial consequences, but for the entire region. Even an unsuccessful attack on Israel would provoke a counter strike. The US would take much of the blame for the casualties of such a strike even if it counselled Israel against it. The United States must prevent Iran from ever being able to put such threats into action which may mean having to engage in military action to prevent Iran gaining the capability. [1] MacAskill, Ewen, and McGreal, Chris, ‘Israel should be wiped off map, says Iran’s president’, The Guardian, 27 October 2005, | |
The United States has an obligation to protect international stability due to its unique military strength. The Nuclear Non-Proliferation Treaty is one of the lynchpins on which the current Western-led international political and diplomatic order is dependent.1,2 Just as any normal legal system requires laws that are predictable and enforceable, so too does the international system. The Non-Proliferation Treaty provides this level of consistency and control over states’ nuclear assets. In particular, one of those key principles is the assumption that once a country enters a treaty it will abide by its terms. If a country can leave a treaty at will, it means that no policy can be made with any degree of predictability. States are not able to formulate plans for future policies and development strategies if analysts and politicians are prevented from making reliable predictions about neighbouring state’s behaviour, economic policies and territorial ambitions. This is particularly important with treaties relating to armaments, and of vital importance when it comes to Nuclear Weapons, because other countries choose to participate in military alliances and actions based on such assumptions. Historically, arms build-ups and wars have occurred when the Great Powers fail to uphold the international legal system – fail to regard it as binding and inherently valuable and consequential. For example Germany’s willingness to disregard Czechoslovakian sovereignty prior to World War II. For that reason the United States has a vested interest in upholding the principles of the Nuclear Non-Proliferation Treaty. This is because the US is the major beneficiary of the present international system, both economically and politically. Economically, the major loser in any upheaval around the world is almost guaranteed to be the United States or its corporations. However, the political incentives for the USA to continue upholding the non-proliferation treaty- by force if necessary- are far greater. A failure on its part to act will not just lead to nuclear proliferation, but also undermine other treaties banning chemical weapons and guaranteeing human rights as nations’ realize they are only pieces of paper. 1. ‘The Treaty on the Non-Proliferation of Nuclear Weapons’, 2005 Review Conference of the Parties to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), 1 July 1968, 2. Kasprzyk, Nicholas, ‘Nuclear Non-proliferation and Regional Changing Strategic Balances: How Much Will Regional Proliferation Impinge Upon the Future of the NPT?’, in Krause, Joachim and Wenger, Andreas eds., Studies in Contemporary History and Security policy, 2001, | |
The reality is that it makes far more sense for the United States to legitimatise actions it might take to prevent a state like Iran from developing nuclear by making reference to the uses that might find for a nuclear device, rather than the fact that they are have breached the terms of highly tenuous body of law. While it may be true that the development of nuclear weapons is banned by international treaty, and that this treaty is recognised as a valid international legal instrument, it is far from clear whether it is in the United State’s interests to embrace either this specific version of International Law, or whether it should be the enforcer even if it does. For one thing, the current international legal system bans Iran from developing Nuclear weapons, but also bans Brazil from developing them. Consistency would obligate the US to actively prevent Brazil from developing a nuclear deterrent, by using threats and sanctions similar to those that have deployed against Iran. However,– common sense would argue that this would be both futile and counter-productive, since it would not only be difficult but result in enormous costs, both militarily and in terms of the reputation of the US. The alternative- granting an exception to Brazil, comparable to those previously granted to India, Pakistan and Israel-, India in particular now wishes to not just be an exception by join the NPT as a weapons state, would undermine those very legal standards that the government argues in favour of.1 After all, Brazil is unlikely to use such weapons aggressively, and the acquisition of such weapons by a regional hegemon(like Brazil) is unlikely to change the balance of power. It should be noted that most of the rising “responsible” regional hegemon like Brazil and South Africa opposed sanctions on Iran over its nuclear program, [2] out of risk of enshrining a legal precedent. Furthermore, even if the US chooses to cleave to the premise that the Nuclear Non-Proliferation Treaty should be enforced as a matter of law rather than of policy, it is unclear why the US alone should take on the burden of its enforcement. As Afghanistan and Iraq have demonstrated, even disarming and politically reforming countries that lack a nuclear deterrent is a financially and politically ruinous process – one that cannot be achieved without the support of allies and intergovernmental organisations. Furthermore, given the reaction against the US in international opinion, [3] it’s worth asking whether or not the cure is worse than the cold when it comes to American influence around the world. [1] Fidler, David P., and Ganguly, Sumit, ‘India Wants to Join the Non-Proliferation Treaty as a Weapons State’, YaleGlobal, 27 January 2010, [2] Charbonneau, Louis, ‘Q+A: How likely are new U.S. sanctions against Iran?’, Reuters, 9 November 2011, [3] Pew Global Attitudes Project, ‘Opinion of the United States’, Pew Research Center, 2011, | |
Ahmadinejad’s words were mistranslated, [1] and Iran’s position has been clarified by Supreme Leader Ali Khamenei, who has repeated Khomeini’s exhortation that Islam prohibits the use of nuclear weapons. [2] On the Presidential side, Esfandiar Mashaei, formerly Vice President in Ahmadinejad’s first term and now Presidential Chief of staff, suggested in 2008 that Iran is a friend of all peoples including Israelis. [3] Furthermore, Iran needs Israel to provide a bogeyman they can use to divide their anti-Iranian governments from their anti-Israeli people. Anti-Israel sentiment has allowed Iran to push anti-Persian sentiment in the Arab world to the backburner, something that would disappear along with Israel if Iran were to act on these ideas. [1] Bronner, Ethan, ‘Just How Far Did They Go, Those Words Against Israel?’, The New York Times, 11 June 2006, [2] BBC News, ‘Iran leader Khamenei brands US ‘nuclear criminal’, 17 April 2010, [3] Cohen, Dudi, ‘Iranian VP: We are friends of the nation in Israel’, ynetnews.com, 19 July 2008, | |
Forcing Israel to act would remove the United States from direct responsibility for the consequences, and allow the US to strategically “condemn” Israel’s actions. Iran and Israel already have a terrible relationship, so a lot of the harms here are already sunk costs. | |
This is in fact a good thing. Nuclear weapons are a great equalizer between large and small countries. [1] One of the great problems of history for tiny nations like Georgia or the Baltic states is that they have consistently been at the mercy of Russia. Nuclear weapons will allow them to fight the Russians on an equal level, and therefore deter the Russians from intervening as actively as they have in the past. In the case of Iran and its neighbours, Iran’s position would actually be weakened if everyone in the region acquired nuclear weapons as the United Arab Emirates or Bahrain cannot compete with Iran conventionally, but could compete in a nuclear arms race. Wider uptake of nuclear arms would reduce Iran’s power and influence. Moreover there is little evidence that this domino effect will happen. North Korea detonated its first nuclear weapon in 2006 but there has been no response from other countries in the region even though South Korea and Japan could have rapidly gone for nuclear breakout. [2] [1] Buchanan, Patrick J., ‘The Great Equalizer’, The American Conservative, [2] Berganas, John, ‘The Nuclear Domino Myth’, Foreign Affairs, 31 August 2010, | |
Nuclear weapons can fall into the wrong hands. Even if states do not use nuclear weapons themselves, or attempt to threaten their neighbours, they can sell their technology to other, less savoury states and individuals. This was a particular problem with Pakistan. The former head of the Pakistani nuclear program, AQ Khan, sold technology on detonation mechanisms and Uranium enrichment to North Korea and Iran. [1] Iran is also likely to be willing to pass on its own nuclear information to other states, particularly Assad’s Syria. [2] Such weapons could also find their way into the hands of terrorists. Iran has close links to Hezbollah and Hamas which it funds substantially, and a strong desire to hurt Israel. [3] North Korea has close links to a number of nasty groups ranging from drug cartels to Islamist terrorists. [1] Kerr, Paul K., and Nikitin, Mary Beth, ‘Pakistan’s Nuclear Weapons: Proliferation and Security Issues’, Congressional Research Service, 30 November 2011, pp.20-23, [2] Gekbart, Jonathan, ‘The Iran-Syria Axis: A Critical Investigation’, Stanford Journal of International Relations, Vol. XII, No. 1, Fall 2010, [3] Bruno, Greg, ‘State Sponsors: Iran’, Council on Foreign Relations, 13 October 2011, | |
The development of nuclear weapons creates a self-perpetuating cycle of proliferation among other states. The development of nuclear weapons encourages other countries to develop them as well. Rationally governed states without a nuclear deterrent are unlikely to allow themselves to be placed in a position where a nuclear armed neighbour can mount attacks against them with impunity. They therefore feel that they too need nuclear weapons in order to prevent the new nuclear power from taking advantage of their new capability. For instance, the presence of an Iranian weapon would immediately threaten the Gulf States. Already unable to compete with Iran on a conventional level due to the vast disparity in size and population, states like the UAE would have every reason and motive to develop nuclear weapons as a deterrent. [1] A Saudi Prince actually floated the idea in 2011 that if Iran developed Nuclear Weapons, Saudi Arabia might follow. [2] As more countries develop Nuclear weapons, the likelihood that someone will use them, either deliberately or by accident, goes up substantially. [1] Lindsay, James M., ‘After Iran Gets the Bomb’, Foreign Affairs, March/April 2010, [2] Burke, Jason, ‘Riyadh will build nuclear weapons if Iran gets them, Saudi prince warns’, guardian.co.uk, 29 June 2011, | |
Not all states are inherently rational, either by our standards or generally. North Korea is a xenophobic state based on the belief that they are racially and ideologically superior to all other states. [1] A government that does not consider its enemies fully human in its official propaganda is unlikely to blanch at the prospect of nuking them, even at their own expense. Even seemingly rational states make tactical mistakes, like Saddam Hussein did when he invaded Kuwait. Nuclear Weapons raise the stakes, and have the potential to make the consequences of those errors far more serious and deadly. Furthermore, MAD does not operate solely due to the possession of Nuclear Weapons, but rather it requires that a state possess a “Second-Strike” ability. A “second Strike” ability means that a country has the capacity to nuke another country after it has already been attacked, whether through hardened silos or submarine launched warheads. Without such an ability, a state like Israel would risk losing its nuclear deterrent in an Iranian attack, and would therefore have every incentive to strike first if it thought such an attack might be about to occur. Iran, which is far less likely to be able to develop a “Second Strike” capability due to financial and technological limitations, would in turn almost constantly face a “use it or lose it” situation of its own. [1] Myers, B.R., ‘Excerpt: The Cleanest Race’, The New York Times, 26 January 2010, | |
Regardless of its origins, the Nuclear Non-Proliferation treaty is the cornerstone of an international system that has prevented the rapid proliferation of Nuclear weapons for nearly half a century. The dangers of Nuclear weapons, especially in the wrong hands, mean that the ownership of nuclear weapons is an issue which transcends moral standards of “fairness”. It may be true that the treaty should be revisited in the case of say India or Brazil, but this debate is not about the nuclear ambitions of fundamentally stable, democratic states that would willingly comply with all of the terms of the non-proliferation treaty if they were permitted to become signatories. Rather, the question of America’s right to act to enforce the treaty should focus on rogue states that present a significant danger to their neighbours, and whose acquisition of such weapons is likely to destabilize regional balances of power, and make the entire world less secure. Iran, Syria and Pakistan’s use of the language of anti-colonialism is a sign of nothing more than political opportunism. | |
No country has an inherent right to invade or use aggression against another. Given the moral bankruptcy of the NPT, and existing views of the United States in much of the developing world, [1] any move by the United States to prevent other nations from developing nuclear weapons by force will be seen for what it is: an act of neo-colonialism. This would be the case with any act to enforce a treaty that is considered unfair towards most of the world. This is especially true in areas where there is a long history of US support for regional actors who are less than popular. In moving against Iran, the United States will be perceived as a stalking horse for Israel, whilst any efforts to invade North Korea Would cause great alarm in China as well as in neighbouring South Korea despite being a U.S. ally where some Koreans believe the US is more of a threat to the nation than the North. [2] In both cases, the image of the US in the region will be badly damaged, and the United States will face a hostile insurgency within the countries that they invade. [1] Pew Global Attitudes Project, 2011, [2] Larson, Eric V. et al., Ambivalent Allies? A Study of South Korean Attitudes Towards the U.S., RAND Corporation, March 2004, p.93 (n.b. before north detonated nuclear bomb) | |
[Iran specific] Iran has not invaded any other country in three and a half centuries; the same cannot be said for US allies including Israel, Pakistan, etc. For all the censure Iran has faced as a rogue state, it has not, in fact, invaded another country for more than three centuries and despite internal aggression against western embassies the Iranian revolution seems to have made little difference. On the other hand, it has faced invasion on numerous occasions, whether from Russia, Britain or Iraq. Both Britain – whom the Iranians are still extremely suspicious off due to events such as the 1953 coup against Prime Minister Mosadeq [1] – and Russia – who together with Britain occupied Persia during world war II [2] - are nuclear weapons states. Iran therefore has legitimate defensive reasons for developing Nuclear weapons. While Iran’s current government has pursued destabilizing policies in Lebanon and Israel/Palestine, the presence of Russia on its northern border and tensions with the United States justify their development. This is one reason why Iran’s nuclear program predates the current government and in fact goes all the way back to the Shah’s time. [3] Rather than being the product or continuation of Iran’s policies in the region, the nuclear program is independent of them, and justified on those basis. [1] Abrahamian, Ervand, ‘The 1953 Coup in Iran’, Science & Society Vol. 65, No. 2, Summer 2001, pp.182-215, [2] Globalsecurity.org, ‘Azerbaijan crisis (1945-1948)’, [3] Milani, Abbas, ‘The Shah’s Atomic Dreams’, Foreignpolicy.com, 29 December 2010, | |
The principle of Mutually Assured Destruction makes war less likely. States are fundamentally rational, and as such, nuclear proliferation has generally made war less likely, by promulgating the principle of mutually assured destruction (MAD). States go to war with other states when they think they can win the conflict they will provoke. By making victory impossible, MAD makes wars unprofitable, and thereby prevents them from beginning in the first place. The Cold War never turned hot partially for this reason, and it is possible that the Israeli-Iranian relationship could be stabilized by both states possessing a nuclear deterrent. North Korea may well desire to Nuke the United States and Japan, and may well feel that there would be no moral issues with doing so, but they have refrained from doing so. As they have refrained from invading the South since 1950. There is substantial evidence that even the most irrational regimes can be deterred. No matter how dictatorial and authoritarian a state government, the prospect of complete nuclear annihilation will be effective in restraining its ambitions. [1] In the case of Iran, the threat to Iranian cities by the Iraqi army moving on to the offensive and using chemical weapons motivated Khomeini to make peace in 1988. [2] It is worth noting that they have not explicitly attacked Israel themselves, preferring to work through proxies. It would seem unlikely that Iran, if it were to become the only nuclear power in the Islamic world, could avoid responsibility if Hamas or Hezbollah were to utilize a weapon. [1] Kenneth Waltz, “The Spread of Nuclear Weapons: More May Better,” I, Number 171 (London: International Institute for Strategic Studies, 1981), [2] Globalsecurity.org, ‘Iran-Iraq War (1980-1988)’, | |
Existing international treaties that grant nuclear weapons to the US and other countries no longer reflect the changing global balance of power. The Nuclear Non- Proliferation Treaty is inherently unfair, in that it prevents countries that did not have nuclear weapons as of 1964 from developing them, but makes no effort to force those who already possess nuclear devices to disarm. The result is that the list of countries with such weapons, the United States, Russia, Britain, France, and China, represents the balance of power as it existed at the time that the non-proliferation treaty was drafted. Countries that have entered the club subsequently, like India and Pakistan, did so in violation of the treaty and international law. Any sort of treaty that seeks to limit access to nuclear arms has to provide opportunities for countries like Brazil to enter the “club” as they gain political or economic power. In the absence of any such mechanism the current treaty system is nothing more than a tool of Western dominance in order to keep the status quo which is favorable to the current nuclear powers something which is bound to build up resentment. This would in effect offer not only to the pursuit of nuclear weapons by the targeted regimes, but to the rest of their policies. States like South Africa and Brazil already find it difficult to support a strong international line against Iran [1] due to seeing the inequality of allowing some countries nuclear weapons programmes but seeking to punish others, especially when the nuclear weapons states that are signatories to the NPT have not moved towards disarmament as the treaty stipulates. [2] This would in effect alienate them completely. Second, even if the harm was justifiable by the ends, it would seem that in the long run, invading- or even censuring- every country that attempts to develop Nuclear Weapons in violation of the NPT is impractical as the United States and the rest of the world have de facto admitted by ending sanctions on Pakistan and India in 2001, two years after their nuclear tests. [3] As such, there needs to be a political means that can separate states like Brazil from states like Iran, lest the policy collapse under its own weight. The West, rather than using force, should attempt to repair the existing non-proliferation treaty framework, such that the standards for possession of nuclear weapons are based on behaviour rather than history. [1] Charbonneau, Louis, ‘Q+A: How likely are new U.S. sanctions against Iran?’, Reuters, 9 November 2011, [2] Spektor, Matias, ‘How to Read Brazil’s Stance on iran’, YaleGlobal, 16 March 2010, [3] BBC News, ‘US lifts India and Pakistan sanctions’, 23 September 2001, | |
What is not at issue is whether Iran will invade anyone. No one expects that, at least not immediately. Rather, the harm of Iranian possession of nuclear weapons is that they will provide Iran with immunity from retaliation which will encourage it to escalate its Cold War against Saudi Arabia in the Gulf, and increase its assistance to Hezbollah and Hamas. As noted above, Pakistan has in fact behaved in exactly this manner. Safe behind its nuclear shield, it has provided increasingly blatant backing to anti-Indian terrorist groups and opp is right to note that there is little that can be done about that. The best bet is not to allow Iran to do the same thing |
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