Judicial Imperialism

In recent years, the United States has increasingly used a new tool of pressure on other countries, which, might well determine the nature of international relations in the coming decades. The term involved is "judicial imperialism", which involves not only the global financial jurisdiction of the United States and its closest allies, but also the imposition of American (Anglo-Saxon) law to the criminal and political sphere on a global scale to the benefit of the USA and its allies.

This practice is not new, but recently the United States and its controlled structures became more active in using this tool as new  and very effective weapon of Imperial domination. That means that the problem of "judicial imperialism" has reached a fundamentally new level, when it threatens the state sovereignty of other countries. The USA leaned to used as an extremely effective means of pressure on rebellious States, companies and dissident individuals. Assange is the most recent example.

Where America in the past used "gunboat diplomacy" -- aircraft carriers and strategic bombers, now they send American lawyers and "flying squads" of the FBI. In other words judicial imperialism has become the main weapon of America in its role of the "world policeman".

Examples of the use of us extraterritorial law are numerous — from Assange extradition, to the kidnapping of Victor Bout and Konstantin Yaroshenko in third countries. As well as the arrest of Ukrainian oligarch Dmitry Firtash in Vienna at the request of the United States in connection with the investigation of his investment project in India.

At the same time, the US refuses to recognize the supremacy of international courts and uses its domestic laws. Of course for Americans it is OK that the FBI was handling the FIFA corruption case. But for other countries it is not.  In case of FIFA FBI definitely played a very dirty game (along with MI6) as a publishment for not choosing the USA for the World Soccer Championship. The FBI (McCabe, Strzok) and MI6 (Steele)  honchos involved later were key pushers of Russiagate. 

Similar cases of American extraterritorial interference include the so-called "corruption scandal" in FIFA and sanctions against Swiss and French banks.

The problem of "judicial imperialism" attracted attention of Europiens in the context of negotiations of so-called supranational arbitration — ISDS — Investor-to-State Dispute Settlement — in which all trade disputes will be resolved not by national governments, and international arbitration courts, which are under the control of transnational corporations, mainly American. Instead of public prosecutors, investors in these courts will be represented by specially hired lawyers. Those negotiations failed with the failure of Transatlantic Trade and Investment Partnership   (TTIP) treaty, but the bitter feeling remained. Negotiations were halted by President Donald Trump, who then initiated a trade conflict with the EU. Trump and the EU declared a truce of sorts in July 2018, resuming talks that appeared similar to TTIP.

In Europe, it has long been known that the Americans and the British are the Champions of legal chancery using law as a weapon aginst compertitots to the  fulling extent possible.  Fighting them on the legal field is the same as playing poker with world-class crooks. As a result, couts depived xUSSR states that the USA and GB does not line (and first of all Russia) of billions. morover each crook who managed to get to Gret Britain automatically became the firther for the democracy in the next 24 hours after the plane langed in London. Thus money stolen can't be returned to Russia of other xUSSR countries. Sorry guys. 

Practically the result of any litigation is predetermined, which not so long ago was confirmed by the decision of the Hague arbitration on Yukos as well as treatment of Ukrainian three billion debt to Russia (negotiated under Yanukovich  government which was deposed byu the USA spnsored far-fight nationalist coup in  February 2014).  Such "parallel justice" will mean the final destruction of the national and state sovereignty of xUSSR countries.

Recently, Europeans have received a lot of evidence that even they are not allies by vassals and as such are under the legal dictate of the United States. For example, the in 2013 the UISA Department of justice filed charges of corruption against four top managers of the leading French concern Alstom in Indonesia, and one of them, Frederic Pierucci, was arrested in New York. There is a paradoxical situation: the French concern bribes for the sake of concluding contracts of officials in Indonesia, but the American justice is used to expose the corruption deal and it is the USA not France gets all the money. These actions are based on the so-called anti-corruption law (Foreign Corrupt Practices Act — FCPA), which is about 40 years old, but which the US is very selectively using against other countries as a tool as extortion as in saying "for friends everything, for enemies the law"

The attacked company "binding" to the USA can be purely formal: for example that fact that is is listed on the New York Stock Exchange, or that its subsidiary has an American e-mail address, or the USA bank account. Even payment in dollars is enough to start an investigation. In the case of Alstom, it was the fact that it was listed on the New York Stock Exchange until 2004. The so-called "Pierucci case" showed the French: the hand of American "justice" can reach any person (company, organization) in any corner of the globe.

Similarly, French Bank BNP Paribas had to pay a fine of about 10 billion dollars for "violation of the sanctions regime" against Iran, Cuba and Sudan, as well as to dismiss 13 top managers. In the same year, under the FCPA, the USA fined various companies in the amount of 1.6 billion dollars.

This  is not so much about the fight against corruption as about the use of "economic weapons" for non-compliant vassals. The amounts recovered are not going to the affected countries, but to the USA Treasury.

One of the latest examples is the beginning of an investigation by the us authorities into the activities of Deutsche Bank in Russia on suspicion of money laundering and violation of the sanctions regime. It is noteworthy that the case deals with the Department of Financial Services of the State of New York, which requested the German Bank official correspondence, internal documents, customer lists and other materials.

Something similar happened in the case of Argentina, when a district court in new York ruled three years ago in favor of American vulture fund, depriving that country of access to world borrowing markets.

Summarizing we can state:

• The USA acts as a "world policeman", but applies its right very selectively. In the USA itself, large banks are exempt from  criminal cases (too big to jail) even is obvious criminal case, far worse the crime of "money laundering". Even if they somehow get into the net a minimal file of up to several million dollars is imposed. For example, the United States destroyed the "Tax Paradise" in Switzerland, but maintains the world's largest offshore in Delaware.
• International law as such no longer exists. The concept of "sovereignty" refers only to the United States, the rest of the world is divided into "vassals" and "other States", which are controlled by means of debt slavery or "color revolutions".
• In order to compromise opponents of the United States through the NSA, the CIA and the FBI use a system of total espionage and wiretapping. Surveillance of foreign banks, organizations and individuals is carried out by illegal methods (wiretapping, electronic data collection) through the NSA. Any individual or organization which  are sympathetic to Russia are in the crosshairs of NSA. how one can sign a treaty with a partner who is engaged in total espionage (including industrial) and subordinates trade disputes to American jurisdiction? It is still unknown how the Americans got dirt on the FIFA leadership.
• American domestic law is gradually replacing international law. The United States is turning into a merciless Imperial monster that lives by economically raping and destabilizing other countries and regions.
• Justice does not apply tot he US nationals. The US has not ratified the international criminal court (ICC) Treaty. Thus, they are trying to withdraw American citizens from the jurisdiction of the international Tribunal. First of all, we are talking about the us military, committing crimes abroad. Moreover, the United States has passed a law allowing the forcible release of American citizens arrested by order of the ICC. In addition, America is exerting severe pressure on countries willing to extradite American citizens to the ICC.

American legal system under neoliberalism became a sham, a system of chicanery of specially trained lawyers, who does not care about the truth one bit. They just want to "prevail" and get money by whatever means possible. America's fierce fight against corruption and crime is a pure appearance, behind which lies the amorality and criminality of the US neoliberal elite, ruthless thirst for profit and desire to eliminate competition.

Conclusions

There are three very simple conclusions.

• Trump uniletalism and incompetence substantially weakened the US international standing and that created news opportunity for the resitsnace.
• Every person, organization or country that will stand in the way of the USA interests (capital or politics) will inevitably fall into the claws of American justice. But the US makes exceptions for itself. American firms continue to trade with Russia, although the USA European allies at the expense of themselves were forced strictly obey anti-Russian sanctions.
• It is necessary to resist unilateral actions of the American justice. Where it is in conflict with other legal systems, a firm response is required. In particular, is some cases it is possible not to recognize the decisions of the American court outside the United States. Organize retaliatory courts that will require the US to compensate for the damage up to the arrest of us assets in third countries. Americans will soon be insolent if other countries  do not tolerate stomping on the their sovereignty.

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Last modified: April 13, 2019