Last weekend, one need not have looked further than the Foreign Affairshomepage for a little bit of political humor. There readers will find a lengthy, circumspect article authoritatively titled, “The War of Law: How New International Law Undermines Democratic Sovereignty.”
The piece begins with applause for the Senate’s decision last December to reject the the UN Convention on the Rights of Persons With Disabilities, before critiquing a trend sustained by some legal scholars, called legal transnationalism, which favors enshrining articulated international norms of justice in national judiciaries.
The punchline can be found in the byline. The article was coauthored by Jon Kyl, John Fonte, and — prepare to laugh, those in the know — Douglas Feith. Not simply some sort of detached scholar, devoted professional, or principled activist, the latter author would appear to have a direct stake in the outcome of the global debate on legal transnationalism given the clear threat posed to him by potential criminal charges.
Can’t imagine why one of the Iraq war’s chief architects would have a problem with international law.