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In reply to the discussion: Forcing down Evo Morales's plane was an act of air piracy [View all]Octafish
(55,745 posts)109. US (and French) Courts Have Ruled Head-of-State Immunity is Absolute
Pilger is spot-on, IMO. Here's why from a more radical writer, describing the legality of the interception from an international POV:
US (and French) Courts Have Ruled Head-of-State Immunity is Absolute
In Obamaland, Rule of Law is for the Other Suckers
by DAVE LINDORFF
CounterPunch WEEKEND EDITION JULY 5-7, 2013
EXCERPT...
In 2004, the US Court of Appeals for the Second Circuit (New York) ruled that Robert Mugabe, the corrupt and brutal leader of Zimbabwe, enjoyed absolute immunity while inside the US on a visit to New York. The decision stemmed from 2001, when a group of citizens of Zimbabwe sought to have Mugabe arrested in New York on charges of extrajudicial killing, torture, terrorism, rape, beatings and other acts of violence and destruction. A month earlier, the US Court of Appeals for the Seventh Circuit (Chicago), reached a similar conclusion in a case involving then Chinese President Jiang Zemin.
SNIP...
This makes the treatment of Bolivias President Morales, and the behavior of the European countries involved France, Portugal and Spain initially for trapping Morales in mid-air and forcing him to land in Austria, Austria and Italy for trapping him in Austria and Austria for insisting on searching his presidential plane, and Russia for not protesting in the most forceful way the insulting treatment of a head of state that Russia had just hosted in a summit meeting so outrageous.
Far from being guilty of any crime, Morales was detained by the actions of the US, France, Portugal, Spain and Austria simply because the US wants to capture Snowden, and thought Morales might be transporting him on his plane back to asylum in Bolivia. But had he been doing so, it would have been entirely within the rights of the president of Bolivia, who as a head of state could legally carry anything he wanted in his plane, whether a petitioner for sanctuary or a load of cocaine. (The US has long abused diplomatic immunity to ship contraband like weapons for use in various coup attempts in so-called diplomatic pouches, which are exempt from customs searches.)
The US of course, is the most egregious offender in this latest saga. In its desperate effort to capture Snowden, it is trashing the Vienna Convention of 1961 and a tradition of diplomatic immunity for heads of state that is of much more ancient origin.
The US does this not because it is legal, but because it can. American military and economic power allow the US government to brazenly ignore international law and custom because at least for the present no foreign power would dare to arrest or detain a US leader in the manner that Morales was detained and forced to allow his aircraft to be searched like a common criminal suspect. That situation could, of course change in future years, at which point Washingtons role in this incident will surely be brought up in some court.
CONTINUED...
http://www.counterpunch.org/2013/07/05/in-obamaland-rule-of-law-is-for-the-other-suckers/
Lindorff, like the current situation in general, is making me feel like a mope.
Thank you, ReRe, for understanding the importance of what's going on. Secret Government is un-American and tyrannical.
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Pilger is one of the most informed investigative journalists in the news business today.
sabrina 1
Jul 2013
#99
The decision to close air space to a diplomatic flight could only've come from Kerry's boss.
Octafish
Jul 2013
#37
I don't know, when will someone from your side address important questions such as:
okaawhatever
Jul 2013
#49
Repeatedly spamming a board with one's own blue links, to the point...
SaveOurDemocracy
Jul 2013
#70
A diplomatic flight is prevented from re-fueling when scheduled and searched upon landing.
Octafish
Jul 2013
#43
Portugal wouldn't let him land. Spain would have, but France wouldn't let him fly through.
morningfog
Jul 2013
#27
You'd think we'd have more pull with the other countries but they didn't want to get involved?
randome
Jul 2013
#53
Ok Hydra and others, what is the truth here? I have read conflicting accounts on what happened so
cstanleytech
Jul 2013
#44
No one FORCED the aircraft to land. Their claim that they had fuel gauge problems is suspect.
okaawhatever
Jul 2013
#55
The aircraft had filed a flight plan, including authorization for re-fueling in Spain.
Octafish
Jul 2013
#60
I beg to differ. The authorization of the flight plan was for the Canary Islands. There may be a
okaawhatever
Jul 2013
#62
Freedom from persecution not freedom from prosecution. Important difference. n/t
SylviaD
Jul 2013
#42
It's pretty clear by now that Bolivia was pretty disengenuous regarding their account
Major Nikon
Jul 2013
#69
I wouldn't say Bolivia has been any more disingenuous that France or Spain or Austria...
Maedhros
Jul 2013
#105
Why don't we wait for the whole story to come out before jumping to conclusions?
Rstrstx
Jul 2013
#77
The FACT is that his plane was NOT forced to land. Please stop spreading misinformation.
Tx4obama
Jul 2013
#87
What did Snowden do that would make the United States government act like a fascist power?
Octafish
Jul 2013
#83
Morales shouldn't be held or diverted anywhere. That's the point of international treaties.
Octafish
Jul 2013
#96
Morales as a head of state doesn't have to pull his aircraft over for anybody.
Octafish
Jul 2013
#115
I'm glad you understand how traffic stop is an allegory for air piracy,
Progressive dog
Jul 2013
#120
With the exception of France, those nations all were onboard the CIA Torture Train.
Octafish
Jul 2013
#126
'The incident demonstrates...the Obama administration will go to any lengths to silence Snowden...
Octafish
Jul 2013
#98
You don't say! Universal Health Care? OMG!1!! Quick, sprinkle some holy water around to ward off the
idwiyo
Jul 2013
#100
The progress on issues that have nothing to do with power and profit are nice.
Octafish
Jul 2013
#125