Obama's Explanation of Extrajudicial Surveillance Is Hypocritical

Published in Huanqiu
(China) on 4 November 2013
by Shen Dingli (link to originallink to original)
Translated from by Gloria Furness. Edited by Chris J. deGrazia.
Edward Snowden's disclosure of America’s illegal surveillance of other countries' telecommunications information — specifically the electronic communications of foreign national leaders — has already set off a second wave of strong, worldwide opposition. Compared with his previous exposure of the U.S. National Security Agency's (NSA’s) massive special program for the sweeping surveillance of domestic and foreign telecommunications intelligence, these disclosed materials are even more sensitive: A large number of those people who were observed by American telecommunications surveillance were foreign national leaders. Moreover, the United States used embassies and consulates abroad as the physical entities that implemented this illegal surveillance. According to reports, this surveillance also received the cooperation of some of America's allies.

The United States government was curious about other countries' information; that in itself is not difficult to understand. The United States' implementation of domestic surveillance is also not without anti-terrorist purposes. But in ensuring that these intentions are carried out under the framework of the law, the United States has largely overstepped its bounds, offending countless people both home and abroad. Washington not only willfully monitored its own citizens, greatly violating its own anti-terrorism laws and regulations, but also implemented sweeping surveillance abroad, including the targeting of international leaders, regardless of whether they were allies, partners or adversaries. And this effort was, in fact, completely unrelated to fighting terrorism.

Existing international law protects the sovereignty of every nation: The core of the United Nations Charter is ensuring peace for every member of the international community, beginning with sovereignty and security. Every nation has legitimate national security issues that must be kept confidential, and every national leader is one of the key persons with access to the highest state secrets. Therefore every national government must make every effort to protect the confidentiality of its leaders’ communications. The United States itself has channeled its most advanced technological achievements into constructing for its president what has been called the world's most secure mobile phone.

However, the U.S. surveillance of other countries' state secrets domestically and abroad completely disregards the purpose of the U.N. Charter it helped create. Not only did the U.S. monitor the confidential information of the U.N., the World Bank and other international organizations, but it also monitored the communications of other nations’ embassies and consulates within the United States and further deployed surveillance-capable technology in its diplomatic stations abroad, with surveillance including that of the electronic communications of the other country's leadership. The United States also required a few of its allies to cooperate, either to establish an intelligence reconnaissance network or to intercept fiber-optic communications. Such behavior is unheard of and completely ignores the sovereignty of other nations.

President Obama is now putting on aggrieved airs, saying he did not know that the NSA was targeting foreign leaders. If this statement is not hypocritical, then the world must question whether America is still a country based on the rule of law. If U.S. leaders had absolutely no knowledge of the NSA's unauthorized exertion of its prowess abroad, then the United States must be held by spies. If Obama knew it yet let it happen, then he must bear the responsibility for the U.S. violation of the U.N. Charter and a series of other diplomatic regulations in common use throughout the international community. If he knew it and continued to lie, then his dishonesty does further damage to the United States' diplomatic credibility.

The world cannot accept the willingness of U.S. agencies abroad to shelter their country’s illegal activities. The international community must unite to prevent the U.S. government's previously described disregard for and violation of other nation's legitimate rights. The moves by Germany, Brazil and other countries for a discussion at the U.N. General Assembly to restrict U.S. infringement on other nation's private information should be widely supported. The relevant provisions of the U.N. Charter must be used to recognize and protect the informational sovereignty of every member of the international community, the hegemony of the United States' extrajudicial surveillance should be checked and international law should play an important role in that restraint.


 斯诺登揭秘美国非法监视他国电信信息尤其是他国领导人的电子通讯,已掀起世界范围第二波的强烈反响。比起上一轮所揭露的美国国安机构广泛监视国内外电信情报的庞大建制和各种特种计划,这次披露的材料更为敏感,因为事涉美国电信监视一大批外国领导人,以及美国将驻外使领馆作为物理实体来实施这种非法的监视行为。据报道,这种监视还得到了美国一些盟国的协同。

  美国政府对他国信息怀有好奇心,这本身不难理解。美国在国内实施监控,也不无反恐意图。但就如何保障这些意图在法律框架下运行,美国却大大出了格,冒犯了国内外方方面面。华盛顿不仅在国内肆意监控民众,大大超出了它的反恐法规,而且在国外广泛实施监视,包括针对外国领导人,无论对方是盟国、伙伴或者对手。而这与反恐实在是风马牛不相及。

  现行国际法保护各国主权,《联合国宪章》的核心就是保障国际社会各成员的和平,抓手在于主权与安全。每个国家都有正当的国家安全需要保密,各国领导人是掌握最高国家机密的关键人士,各国政府必然竭力保护其领导人的通讯机密。美国自己也是集中了国家最高科技成就为其总统打造了号称是世界上最为安全的手机。

  但是,美国在国内外到处监听他国机密,完全不顾它自己创立的《联合国宪章》的宗旨。它不仅在国内侦听联合国、世界银行等国际组织的机密,而且监听驻美国的他国使领馆的通讯,更在派驻海外的外交机构中部署监视他国的技侦能力,监视包括所在国领导人的电子通讯。美国还要求一些盟国与其合作,或实现情报侦察联网,或者拦截国际光纤的信息传输,其行为闻所未闻,已全然不顾他国主权。

  美国总统奥巴马现做委屈状,说他不知道美国国家安全局针对外国领导人开展了这些活动,如果这种说法不是伪善的,世人就要质疑美国是否还是一个法治国家。要是美国领导人根本不知道美国国安部门在未经授权下就在海外“大显神通”,那么美国就是特务当道了。要是奥巴马知道了却还让它发生,那他就要承担美国违反《联合国宪章》和一系列国际社会通用的外交法则的责任。要是他知道了还要撒谎,那他缺乏诚信的态度更是重挫美国的外交信誉。

  世界不能接受美国驻外机构为美国在他国实施违反他国法律的行为藏污纳垢。国际社会必须团结起来,阻止美国政府上述罔顾他国正当权益的侵犯行为。德国、巴西等国谋求联合国大会讨论并限制美国侵犯他国信息隐私的主张应该得到普遍支持。《联合国宪章》必须有其相关的下位法来确认并保障国际社会各成员的信息主权,美国法外监视的霸权主义应该得到制止,国际法应该在其中起到重要作用。▲(作者是复旦大学教授)
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