Take the Clinton doctrine. The Clinton doctrine was that the United States is entitled to resort to unilateral force to ensure “uninhibited access to key markets, energy supplies, and strategic resources”. That goes beyond anything that George W Bush said. But it was quiet and it wasn’t arrogant and abrasive, so it didn’t cause much of an uproar. The belief in that entitlement continues right to the present. It’s also part of the intellectual culture.
Right after the assassination of Osama bin Laden, amid all the cheers and applause, there were a few critical comments questioning the legality of the act. Centuries ago, there used to be something called presumption of innocence. If you apprehend a suspect, he’s a suspect until proven guilty. He should be brought to trial. It’s a core part of American law. You can trace it back to Magna Carta.
So there were a couple of voices saying maybe we shouldn’t throw out the whole basis of Anglo-American law. That led to a lot of very angry and infuriated reactions, but the most interesting ones were, as usual, on the left liberal end of the spectrum. Matthew Yglesias, a well-known and highly respected left liberal commentator, wrote an article in which he ridiculed these views. He said they’re “amazingly naive”, silly. Then he expressed the reason. He said that “one of the main functions of the international institutional order is precisely to legitimate the use of deadly military force by western powers”.
Of course, he didn’t mean Norway. He meant the United States. So the principle on which the international system is based is that the United States is entitled to use force at will. To talk about the United States violating international law or something like that is amazingly naive, completely silly. Incidentally, I was the target of those remarks, and I’m happy to confess my guilt. I do think that Magna Carta and international law are worth paying some attention to.