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Instructor
Task
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Law of war
Libya is faced by many challenges and risks. It does not have the consensus strategies necessary required for a constitution giving the government legitimacy to resolve monopoly conflicts of arms dealing. The security situation is unstable and violence is prone in the country, the inability to fairly transmit power is evident as power is competed for by unofficial armed entities who attack the regime frequently. Such situations hinder economic development required to meet the needs of the population. If Libya does not reach on a constitution that gives the regime the legitimacy to enforce law,
The American administration is ready to fight terrorism to the farthest extent without caring of the consequence. This is evident when president bush proclaimed that his government would blast the terrorist from their hide out. There was an organized military operation to fight terrorists from Afghanistan and Iraq without any intentions of negotiations. The organized military operation is well thought-out as an act of war. President Bush administration is ready to move out of the boarders to fight terrorism (Blum & Heymann).These words are considered to influence a language of war, and the administration feels justified to execute the offenders without trial. The rules that govern an administration are usually weak and lose because the government is ready to do anything in the name of war. Many human rights are dishonored as suspects are killed without having proper trial. Every person is entitled to due process even if he is a suspect and fair trial should be conducted to him. The law advocates that an individual is blameless until confirmed guilty, but this does not apply in time of war. This is because suspects are executed and are not given a chance to confirm their innocence (Carothers). Despite the violations of human rights, war laws should be applied to terrorists.
Many terrorist suspects are apprehended without trial, and this is a violation of human rights. The American administration makes the process easy in the justification that they are fighting terrorism. The American government has literalized war; thus there are no clear distinctions between rules that must be applied during peaceful moments and what rules are acceptable during war times. Police and other law enforces are only allowed to use force only when threaten with death or physical injury ( Campbell & Mitchell). It is also stipulated in the international laws that a suspect should be tried after he is caught. This is not the case in the American government because the terrorist suspects are detained without trial. This is a violation of human rights because every individual is entitled to a due process. During the war, the law enforcement law and rules are replaced with international laws. The war rules stipulate that an enemy is to be shot without warning unless he is trying to surrender. An enemy caught in combat is detained until the war ends (Dobriansky).
Bush administration uses armed and lethal force to capture al-Qaida terrorist, which is not human. War on terrorism is considered real war; thus American laws ought to be sufficient in dealing with terrorists (Gaus). War is different based on the circumstances and basis it is undertaken. Using criminal law is a weak weapon in stopping terrorists because war is larger that this criminal activities. The American administration realized this very late after the terrorists had done remarkable damage. It is not rational in treating terrorist as common criminals who commit suicide because they are ready to strike any moment they get (Lieberthal). It is because of this strong measures should be used. Using criminal law is sufficient and advantageous during peaceful moments but it is not sufficient during war times. The criminal law is for punishing and inflicting stigma to domestic criminals. Terrorist are not allowed to go through a due process because they put harm to the national security; hence, they are detained without trial. Criminal law suggests that the terrorist can only be sentenced with evidence from the eyewitness. Circumstantial evidence is not considered, and this can ruin the accessibility to the al-Qaida plans (Masters).
The American states have the strategies of ensuring that countries that produce oil stabilize so that they can access their oil. The USA marines during world war one become second from the fight and this ensured that the United States can have access to oil producing areas in overseas countries. Prior to second war of the world, United States was able to have ownership of oil rich places in Mexico and Caribbean region. Cold war and world war two gave the Americans motivations of maintaining and coming up with an economic strategy that influenced Latin Americans (Fusco, pp 43). Through power and determination USA was able to secure oil areas in Persian even though it was difficult because of the distance. USA took the roles of Britain in the Middle East after the second war of the world as the controllers of western interests.
People from Libya considered oil as the most import element source of power. These two great powers stopped using coal and started using oil as the source of power in the military. In connection to military source power, they came up with innovations such as submarines, and airplanes that used oil as a source of power. Other than the military using oil as their source of power, oil transformed USA into an industrious country in 20th century. After the year 1890 USA economy was greater than that Britain and after the year 1920 USA economy was much stronger than the economy of the six countries that are highly powerful.
Supplies of oil that are cheap and available are essential for the vehicles industry that played a significant role in the economy of USA during the 1920s and 1960s. Oil was adapted as the source of energy for transports in land and air as well as in water. This form of energy challenged coal as many industries and sectors turned to oils as a source of energy. Oil was use in heating and electric generation as well as power for machines. These machines were used to modernize agriculture and were used for production of pesticides. Oil was used for creating a modern life to the America citizens as much machinery used oil as a source of power (Hinnebusch, pp 45). At the time of the second world war America used oil as a source of energy. Most of the machinery and transportation facilities used oil as a source of energy in America.
USA has the highest prosperous and domestic oil corporations known as the seven sisters that dominated the oil sector from the 1920 to the 1970s. These corporations dominated the countries that have high oil production, which are Mexico and Venezuela. By dominating the oil industry America was considered the superpower during this period of time (Fusco, pp 23). In the years 1920s and 1930s American states supported US oil companies’ indulgence in the Middle East. The oil companies from USA are highly involved in oils regions in Netherlands. When world war two ended, USA oil companies produced approximately 40% of oil outside the states and the Soviet Union.
The security situation is unstable and violence is prone in the country, the inability to fairly transmit power is evident as power is competed for by unofficial armed entities that attack the regime frequently. The American administration is ready to fight terrorism to the farthest extent without caring of the consequence. This is evident when president bush proclaimed that his government would blast the terrorist from their hide out. Many terrorist suspects are apprehended without trial, and this is a violation of human rights. The American administration makes the process easy in the justification that they are fighting terrorism. The criminal law is for punishing and inflicting stigma to domestic criminals. Terrorist are not allowed to go through a due process because they put harm to the national security; hence, they are detained without trial. The American administration realized this very late after the terrorists had done remarkable damage. It is not rational in treating terrorist as common criminals who commit suicide because they are ready to strike any moment they get.Works cited
Aljazeera: is us down grade inevitable. 2011. Web april 2013
Available at,
<http://www.aljazeera.com/>
