Why International Law Matters, Too

Maybe you're a "realist" -- you think pragmatism, not abstract principle ought to dictate our actions, especially in the international theater. Law, you figure, matters less than the application of influence and power in the greater national interest. And maybe you are right, in the end. But if you think that the rule of law is somehow not pragmatic, consider these two stories.

Fueled by information from Edward Snowden, The New York Times and the The Guardian have reported extensively on the widespread, even pervasive, snooping conducted by the NSA.


Edward Snowden

Now, the Agency itself is facing the consequences of its actions. In this piece by Scott Shane, who has been the lead reporter on this story, the spies consider the downside to breaking rules in the pursuit of power. The information gained may or may not be of any real value: do we really need the NSA to give us an economic advantage over Brazil? But, it turns out, our allies do not much like learning that the US government steals everything it can get its hands on. Turns out, theft undermines trust.

Not only that, but it's difficult to rally support allies against rogues like China when the US government itself sees no reason to limit its own behavior.

Likewise, the gunning down of people we do not like, even scumbags like Taliban leaders, can have unintended negative consequences. Sure, Hakimullah Mehsud was a rotten human being. He was brutal and self-centered and mean. He intended to harm American citizens and American interests. He was a liar. But his death at the hands of the US government -- really, at the hands of the President himself -- in a drone strike, may not help much in the long run.

Mehsud, from NYTimes

Just because we can kill people does not mean we ought to do so.

The underlying reasoning behind an adherence to the rule of law is that it provides long-range benefit at short-range cost. When we arrogate to ourselves the privilege of settling scores on our own, we separate ourselves from the larger community. As long as we are the biggest bully on the block, capable of defending ourselves unilaterally, that works for us, if for no one else. But what if we need help? What if we can't go it alone? How do we ask for the aid we need, and if we can we expect to get it?

So be pragmatic, if you like. Just don;t think you can do anything you want and get away with it forever.