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writing for godot

Justice Denied, Above the Law: Netanyahu, and Other Heads of State

Written by Dr. Roger Kotila   
Thursday, 05 March 2015 10:14
The world’s current governing system allows heads of state and their accomplices to commit world crimes yet never be held accountable. With but few exceptions, such individuals will never face a judge or jury.

They are above the law.

In our geopolitical system, impunity is all but guaranteed despite violations of international law ranging from state sponsored terrorism to crimes against humanity and war crimes.

Will the paranoid geopolitical dynamics voiced by Israeli Prime Minister Benjamin Netanyahu, coupled with a weak global governing system, lead to a nuclear holocaust with Iran its primary victim, and the rest of the Middle East collateral damage?

Should we take seriously Netanyahu’s past threats to attack Iran militarily, particularly if Israel rejects the agreement the United States is brokering regarding Iran’s nuclear program?

Netanyahu’s March 3, 2015 speech to Congress leaves one with the impression that the U.S. Congress would support without limit almost any measure that Israel takes against Iran.

We can safely assume that Netanyahu is not at all concerned that a military attack against Iran might make him a war criminal, nor does he seem aware that Israel’s secret intelligence agency, Mossad, has become a suspect in the 9/11 attack (never mentioned in Establishment media).

The 9/11 aftermath has been war, anarchy, and chaos which could conceivably serve to weaken Israel’s alleged enemies in the Middle East.


Netanyahu’s impunity is seen for others. War crime charges have never been brought against former president George W. Bush, Jr. for the invasion of Iraq with its untold death and destruction--all under false pretense. Similarly, President Obama will never face charges over the deaths of innocents in his drone warfare operations.

We see these glaring gaps in international law and order time and time again: Charges of genocide and apartheid (Israel against the Palestinians); crimes against humanity (Israel against Gaza); war crimes (the U.S. invasion of Iraq); torture (CIA); violating human rights (e.g., Saudi Arabia); and the 9/11 cover-up—all remain in limbo with no legal action for true justice in sight.

Lawlessness in the global governing structure is a prime reason why peace and justice persistently eludes the world, and why the Earth Constitution was drafted by the World Constitution & Parliament Association.

Quite simply, the United Nations and the international judicial system lack the tools needed to establish and maintain world law and order, and the Earth Constitution offers a way to overcome this disastrous and fundamental problem.


In our lawless world, the danger that mass murder and annihilation will be unleashed must be assessed. Sociologist Abram de Swaan has identified “precursors” that are seen before mass killings take place. In “The Killing Compartments” (2015) de Swaan provides warning signs leading up to the possibility of mass annihilation.

With Netanyahu, some of these precursors can be found in the way he talks about Iran.

Netanyahu makes Iran a “target group” for the Israeli regime, as was quite clear in his speech to the U.S. Congress. He demonizes Iran by claiming that Iran, not Israel, is the dangerous (potential) aggressor. He insists that Iran must be stopped before it is too late.

Netanyahu’s rhetoric fits in with what de Swaan identifies as precursors to a future outbreak of mass killing: a regime’s propaganda…”demonizes the target group.”

“The target group (Iran) is depicted as the (potential) aggressor: the regime’s people (in this case, Israel) are the ones being threatened, and they (Israel) risk becoming the victim of the target group and its foreign patrons (the U.S.? Russia?).”

Another precursor, explains de Swaan, exaggerates the importance of a current situation: “According to the regime, the present moment is a decisive turning point in history. From now on everything will be different, if only the regime’s people seize their chance to act together resolutely.”

Unfortunately, acting “resolutely” for Netanyahu could mean launching a surprise “shock and awe” nuclear attack with the aim of bringing Iran to its knees before it can fight back.

Last but not least, de Swaan’s research reveals that those involved in massacres ordinarily have “full confidence of impunity.” They do not believe they will ever face punishment.


The culprit that opens the door to world crimes without fear of punishment is unlimited national sovereignty. “Sovereignty” means no authority greater than itself. Each nation is allowed to deal with its own internal affairs without outside interference. Few nations are willing to prosecute their own leaders for world crimes.

A dilemma for the citizenry occurs when a country’s ruling government becomes corrupt, or turns rogue. Elections are rigged. Legislators are bought and paid for. Courts favor those in power. The media becomes merely a propaganda outlet.

If you are a citizen of such a country, those in power are able to block meaningful remedies from within. Hence the need for a higher level of judicial appeal beyond the national government.


At its core what is wrong is a deeply flawed UN Charter with an almost invisible judicial system. The UN Security Council allows its permanent five veto members special privileges. They can prevent any prosecution of their own leaders, even if they have committed horrendous world crimes.

The International Court of Justice (also known as the World Court), the relatively new International Criminal Court, and the various ad hoc courts are not given enough authority to be able to provide justice when powerful heads of state are the criminals. Sovereignty is used to protect them from prosecution.

In the present geopolitical system then, most heads of state need not fear prosecution, especially those from powerful nations. Occasionally the ICC takes a case when the head of state is from a weaker nation like from Africa. Some heads of state have been tried using ad hoc courts such as created for the Nuremberg trials.


The design of the Earth Constitution’s judiciary and enforcement system has provisions not found in the UN Charter that give a nation’s citizenry another level of legal action to deter world crimes, and provide a better opportunity for real justice when crimes occur.

Under the world judiciary of the Earth Constitution, heads of state like Mr. Netanyahu would have to think twice before committing world crimes.

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