Blackwater, Sharia Law, and a World Court
June 20, 2008
In 2004 a plane crashed in Afghanistan killing three U.S. soldiers, and their widows are now suing military contractor Blackwater whose airline was at fault. Blackwater’s lawyers have an interesting defense:
The lawsuit “is governed by the law of Afghanistan,” Presidential Airways argued in a Florida federal court. “Afghan law is largely religion-based and evidences a strong concern for ensuring moral responsibility, and deterring violations of obligations within its borders.”
If the judge agrees, it would essentially end the lawsuit over a botched flight supporting the U.S. military. Shari’a law does not hold a company responsible for the actions of employees performed within the course of their work.
“This move surprises U.S. lawmakers as Blackwater had pushed hard for immunity from Iraqi jurisdiction as a condition of operating in Iraq. But why would a company that enjoys immunity from local laws (see: Iraq) ask for Sharia (an Islamic system of law often applied to day-to-day disputes)? Because, according to Sharia, a company wouldn’t be found responsible for mistakes employees made.” (SPI)
I don’t wish to take sides here. The inconsistency in our system is more intriguing. Every state has its own laws and it seems that companies may choose a system that best suits their needs. The same, applies to multi-national companies who do not need to conform to any system as such. On the other hand we have governments that are free to act and legislate as they wish (within a very generous framework).
In the Baha’i view this is a passing phase in the process of human evolution – a social evolution that incorporates a change in international law that eliminates national and corporate sovereignties.
Accordingly, humankind appears to be moving towards the establishment of a world commonwealth consisting of: a true world legislature; a binding world tribunal; an effective world executive. (BIC-1990)
“The present international system has within its ambit: (a) a de facto world legislative authority, divided among various law-making bodies, and (b) a de facto world court, divided among different international judicial bodies. The next logical step would be to enter the de jure stage. This will allow humankind to go beyond the inner limitations of the structure of present-day society.” (BIC-1990)
Read more about the Baha’i perspective on international relations here: http://info.bahai.org/article-1-7-0-1.html
