A State that fails to ensure the human rights of the population living under its jurisdiction is a failed State - Alfred-Maurice de Zayas

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A State that fails to ensure the human rights of the population living under its jurisdiction is a failed State

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About Alfred-Maurice de Zayas

Alfred Maurice de Zayas (born May 31, 1947, Havana, Cuba) is an American lawyer, writer, historian, an expert in the field of human rights and international law, a peace activist, President of PEN International Centre Suisse romand (2006-09 and 2013-17), United Nations Independent Expert on the Promotion of a Democratic and Equitable International Order (also known as Special Rapporteur 2012-2018), appointed by the United Nations Human Rights Council. Professor of International Law.

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Participation by the public in decision-making, which requires full information, transparency and accountability, is essential to the democratic order. Parliaments have a special responsibility to oversee the adoption of national budgets and to monitor the actual use of appropriations so as to ferret out corruption.

In countless resolutions, the UN General Assembly has acknowledged that there is no single model of democracy, that democracy cannot be exported but must be home-grown, that each country should find its own way consistent with the right of self-determination of peoples and the principles of the UN Charter.

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The Ukraine end-game becomes more dangerous by the day, and many experts in the US realize that Ukraine cannot win. Nevertheless, NATO and EU escalate further at the expense of hundreds of thousands of Ukrainian lives, sacrificed on the altar of US and NATO expansion. The Western indifference to death reminds me of Madeleine Albright’s cynical assessment that toppling Saddam Hussein was worth the lives of 500,000 Iraqi children (https://www.youtube.com/watch?v=1tihL1lMLL0). Some in the Biden administration pretend that they can still snatch victory out of the jaws of defeat. At best we can hope for a frozen conflict, which, alas, can break out into renewed hostilities. At worst, we face nuclear Apocalypse. The long-term consequences of the conflict are not limited to Ukraine. The question arises about the viability of existing international institutions like the United Nations and the International Criminal Court, which have allowed themselves to be hijacked by the US for its geopolitical agenda. NATO’s policies have seriously damaged our faith in the system of international law, diplomatic law and international criminal law, which functioned – albeit with difficulties -- before the orgy of treaty-violations, sanctions regimes and blockades that have upended Rechtssicherheit, international trade, supply chains and rendered the sustainable development goals unattainable. The use of indiscriminate weapons including drones, cluster bombs and depleted uranium have done long-term damage to international humanitarian law. Another US fantasy: the piecemeal absorption of Ukraine into NATO, which Russia will counter, because it cannot allow the use of Ukrainian territory as a springboard for renewed proxy wars. It seems that the US, not Russia, has deliberately thrown the Westphalian system of law and diplomacy out of the window.

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