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Historically speaking, Westphalian sovereignty meant that there was no such thing as an "international criminal court", nor "war crimes". An ICC party such as
by kragen 1y ago
Historically speaking, Westphalian sovereignty meant that there was no such thing as an "international criminal court", nor "war crimes". An ICC party such as France hypothetically arresting, for example, Netanyahu, for things that he did in Israel, would amount to a substantial erosion of Israel's sovereignty in the Westphalian sense. Under the Westphalian system, Israel's prince would have sole jurisdiction in such cases.
Of course, that doesn't necessarily tell us anything about whether it's good or bad. Eroding Westphalian sovereignty in such a sense is the whole point of the ICC, the EU, and arguably even the UN (though, of these three, only the ICC would have the particular result described in my previous paragraph). But it's worth pointing out that it's a major difference from centuries of historical precedents, not American exceptionalism.
- bertil 1y agoThe Westphalian sovereignty that you describe would refuse the authority of the Nuremberg trials.
- FpUser 1y agoThe winner takes it all ...
- kragen 1y agoMaybe, but I think Westphalian sovereignty generally permitted conquerors to dispose of the conquered as they saw fit. It's not a moral system, just a Schelling point.
- senderista 1y agoThe Nuremberg trials were just victor's justice, as demonstrated by the total impunity for all war crimes committed by the USSR.
- FpUser 1y agoContrary to the US being severely punished for their crimes ...