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Global Justice Center Blog

Trump proposals would violate international laws of discrimination at the expense of democracy

by Eva Marie Wüst Vestergaard

The inauguration of president-elect Donald Trump is one week away, and with it comes enormous potential for violations of international law. President-elect Trump has proposed plans for laws and policies that discriminate based on religion, race and gender. If enacted, these policies would have a shattering effect on America’s democracy, and must be prevented by all means.

Many of Trump’s statements over the course of the campaign trail involved religious and racial discrimination. For example, when talking with ABC News in November 2015, he proposed setting up a database just of refugees; “I want a database for the refugees that — if they come into the country. We have no idea who these people are. When the Syrian refugees are going to start pouring into this country, we don't know if they're ISIS, we don't know if it's a Trojan horse.” Such proposals are not just morally wrong, but can also lead to negative consequences for the country.

Racial discrimination causes harm on an individual level by dehumanizing the one who is subject to racism. On a societal level, it demoralizes a society that should be based on equality and democracy.

Religious freedom, or the right to have your own beliefs, is a foundational doctrine of the US. The idea that the state should not interfere with citizen’s beliefs is at the core of American values. Therefore, this proposal would have devastating consequences for American ideals and the global rule of law if fulfilled.

Trump has also issued many statements that constitute gender discrimination. In an interview with ABC News in 1994 he said, “Putting a wife to work is a very dangerous thing,” and in an interview with NBC in 2004 he said, "[Pregnancy is] a wonderful thing for the woman, it's a wonderful thing for the husband, it's certainly an inconvenience for a business. And whether people want to say that or not, the fact is it is an inconvenience for a person that is running a business."

This perception of women being unequal to men, and not involving women in the labor market, is wrong because it, as with racial discrimination, leads to an unequal and unjust society. To achieve gender equality, women must be in power equally with men so that there can be a true representative democracy.

International laws are created to protect civil society from threats and ensure progress. These promises of discrimination violate the Universal Declaration of Human Rights stating that everyone is “born free and equal in dignity and rights.” They also violate the International Covenant on Civil and Political Rights that obliges States Parties to ensure equal rights and circumvent discrimination. The US holds obligations to prevent discrimination as a member state of these conventions.

The US has been defined by democracy, equality, and freedom throughout history up until today. This is what makes America great. That is the reason why America must hold onto these values, and why the international community must hold America responsible if it breaks them.

Photo: Gage Skidmore

GJC Weekly News Roundup

Sunday, Sweden’s Foreign Minister announced that while Sweden has the presidency of the UN Security Council they want to focus on the involvement of women in peace processes. Giving women a voice in decision making is crucial to protect in conflicts.

Monday, the Burmese Union Election Commission revealed the parliamentary candidates for the upcoming election. Of the 95 candidates, 16 are women. This is a positive step in the progress against women’s exclusion in politics in Myanmar.  

Also Monday, Yazda – an NGO supporting the Yazidi in Iraq – was without any warning or reason shut down by the Kurdish authorities according to Human Rights Watch. ISIS has been committing genocide against the Yazidi since 2014. Iraq is a party of the Genocide Convention, and must fulfil its obligationsto prevent this genocide.

Thursday, GOP announced that they plan to defund Planned Parenthood. Denying women their right to abortion violates human rights.

Also Thursday, the World Economic Forum released a report that the US spends $13.6 trillion yearly on conflict related activities whilst spending nothing on peace-building. Providing an abortion to raped women in conflict areas is one peace-building effort.

Trump could be committing serious war crimes and crimes against humanity

by Eva Marie Wüst Vestergaard

Over the course of the campaign trail, US president elect Donald Trump suggested many proposals on how to defeat ISIS. Many of which, including the use of torture, drone strikes, and nuclear weapons, would violate international law if fulfilled.

Trump has previously criticized the US for their politically correctness in the fight against ISIS, and he has instead offered proposals that if enacted, would constitute war crimes and crimes against humanity.

In one proposal, Trump approves torture as a tool in the war against terrorists. In an interview for NBC he said, “Well I’m not looking to break any news on your show, but frankly the waterboarding, if it was up to me, and if we changed the laws or have the laws, waterboarding would be fine,”. Trump supported this with the argument that ISIS do not follow the law; “You know, we work within laws. They don’t work within laws – they have no laws. We work within laws. The waterboarding would be fine, and if they could expand the laws, I would do a lot more than waterboarding.”

Waterboarding is an act of torture and hence violates the Convention against Torture and the Geneva Conventions, which prohibits torture and bounds parties in armed conflicts to treat hostages humanely. Torture is immoral because it dehumanizes people. Not just the tortured but also the torturers are severely affected.

Using torture as a tool in war would also have negative consequences for the US as a state because it infringes on the global rule of law. Instead of a social system based on justice, the system would be based on force. This goes against the fundamental values, such as independence and democracy, on which America has been built and which define America’s strong role in the world today.

Even more alarming, in the war against terrorism, Trump has said he would take measures that would kill innocent people. The president elect has expressed willingness for using drone strikes and nuclear weapons to fight terrorists. In an interview with the Daily Mail, Trump said, “As far as drones are concerned, yes, to take out terrorists. The only thing is I want them to get it right. But to take out terrorists yes I think that is something I would continue to do.” In another interview for the MSNBC, he questioned the lack of using nuclear weapons against ISIS; “Somebody hits us within ISIS, you wouldn’t fight back with a nuke?”

Such actions would not merely hit ISIS but also civilians in war zones. A consequence which Trump did not seem to care for when proposing to hurt terrorists through their potentially innocent families in an interview with Fox News; "The other thing with the terrorists is you have to take out their families, when you get these terrorists, you have to take out their families. They care about their lives, don’t kid yourself. When they say they don’t care about their lives, you have to take out their families.”

Attacking civilians violates the Geneva Convention which prohibits attacks on civilians and bounds distinction between civilians and combatants. Non-combatants are innocent people that may not be supporting the conflict. This includes children, women and elderly. The US should not be recognized as a state that explicitly targets and kills innocents.

The intention to defeat ISIS is not a cover for committing illegal acts. Violating international law will not make America great, only worse. Therefore, it is more important than ever that America upholds its obligations to the international community and not break humanitarian law. It is equally important that the international community hold the US accountable if and when it commits such crimes.

Photo: Gage Skidmore