Secession, Georgia and Russia
Americans like the meal of world news delivered to them in bite-sized, simple pieces that are easy to digest and very easy to care about. A plot of land past an unknown sea on the other side of a barely-known Turkey isn't high on the list of dessert items. McCain, who professes buddy-hood to his good friend, "Saskash Villy" can't even pronounce the name of Georgia's President without stumbling, despite supposedly being in frequent contact with the Columbia University graduate who spear-headed the historic 'rose revolution' which was nearly as important as Gandhi's overthrow of the British Empire.

Most Americans (maybe even you reading this) will rather throw up their hands and watch a rerun of Three's Company than to truly educate themselves on the political, legal and moral issues involved in the relationship between Russia and Georgia over the last few days. Even journalists in America have lost the art of being able to really think about things, or at least be able to report on what they think about to a country who is fast losing its importance in the world... right on schedule if the Roman Empire is to be any measure.

The Problem with America is that it's kinda dumb.

Really. It is.

For those of you who have never been here, let me tell you that the average American doesn't hold a passport, doesn't speak more than one language -- American -- and that language is spoken very poorly. A big fat minority is unable to read and I have yet to meet an incoming Freshman in college able to put two sentences together, though I've heard that such beings exist.

That said, most Americans understand the principle of 'Legal Precedent' in that, once a law is established as valid, it's valid across the board. It's valid in every similar circumstance.

The majority of Americans may understand that from watching too much Law and Order on TV, but they get it.

So, the stupidest of the idiots in this world understand something that the Russian Government and, by extension, the Russian People that endorse Putin's third term as president and first as Prime Minister, are missing. This may prove to be a big mistake for all parties: The West for not understanding that Russia doesn't get it, Russia for thinking it understands perfectly, Russians for not letting their leaders know they disapprove of nuclear war, Americans for thinking that World War II. could never happen again just as they thought World War I. could never happen again.

I guarantee you that our government is not as smart as our Kennedy Government once was. I do NOT have confidence that Bush would be able to avoid Nuclear War within 33 minutes of pressing the button as Kennedy once did. Russians need to understand this: Our president is REALLY stupid.... and may think that America can survive a nuclear war. Moscow and St. Pete are as much 'Ground Zero' as 'Washington, DC' and 'NYC' and 'LA'.

Got your attention?

Let's talk.

Law and International Law

The legal system in America (and, by extension, the typical American's understanding of 'law' as it relates to International Law) is governed by 'precedent' under a legal theory called Stare Decisis: Let The Decision Stand.

This doctrine needs to be understood because it underscores the attitudes of Americans and the West with regard to Russia's actions on the small scale and, on the larger scale, the desire for consistency within the law as it is understood by the Americans that drive American Policy.

Once a legal principle is established, the idea is that the facts of a particular case and the principles underlying it apply to all such similar cases that shall follow. Only if a later case should prove that the facts of its own case are substantially different, and thus in need of a different remedy, shall the differences between two similar cases be recognized by a court.

If the law is that "Thou Shall Not Steal", it is for the court to decide in a particular case whether a person has stolen something. A person may steal a radio from a car, for instance. That person is judged a thief. In another set of circumstances, a person may steal medicine from a pharmacy to immediately save the life of a person and that thief may be judged as 'not a thief' by way of extenuating circumstances that do not apply as the law is written.

It's easy for a judge to claim extenuating circumstances were there is none and do so for personal, political or ideological reasons. It is part of the Western System of law to remove and exact stringent penalties on judges who do such things.... and our own system is imperfect in this regard. We call it corruption. We 'judge' the Judge. We remove the judge who is not fair and legal and may yell and scream at the judge who does not agree with us, but still uphold the judges' rulings that are fair in the legal sense. We, as Americans, will strongly fight to the death for a judge we disagree with if their judgement can still be seen as fair and legal. We depend on them. We defend them.

Russians need to understand the confusion caused in the very different arena of International law when countries do not follow this very basic, common sense feature of western law. It is not a prejudice of ours if we condemn the surface similarities of two events (e.g. Ossetia and Kosovo) but rather a very strict sense of fair play that would benefit the Russian people to adopt.

Russians need to also understand that the West sees Russia with a great deal of hope that it can become as much a part of the West as America, France, Germany and even Poland. I, myself, have a huge love for the Russian people as well as the Georgian people and note very clearly the comments by Russian soldiers in Georgia, today, who do not bear any ill will toward Georgians.... there is even the sense in Russia that Georgia is a wonderful place to visit and a brotherhood between Georgians and Russians that even America would never be able to displace, nor understand in its young history.

That said, Russia is being played by its leaders.

It's ok. America is often played by its own leaders and when we catch our leaders at it, there is usually a big ousting of our leader in favor of a new one... look at Bush's approval rating: 30%. We love America, but we're still willing (1) to back Bush in his stupid decisions and (2) to get rid of him very quickly.

We're not being played.

Russians are.

Russians are not stupid, we are.

Secession

There really isn't a lot of legal theory behind the right for a people to secede from a nation. It was finally settled in Canada that if Quebec could achieve a majority vote, it would have that chance. It never did achieve the majority it needed.

Kosovo was allowed to secede and was recognized by the International Community on a wide variety of issues. (1) Kosovo was historically not part of the Serbian community except by fiat. (2) The Serbians wanted the land, but not the people. However, Kosovans had an historical place in that land and it wasn't the Serbs that conquered them and made them into a part of Stalin's Yugoslavia.... it was Stalin. (3) The country was able to secede, but more importantly, become viable in the larger world community. It was self-sustaining. Separate from any other influence.

Lastly, (4) It wanted to become its own country and not part of another and it was KOSOVANS that decided this. People with Kosovan citizenship and passports.

In a legal sense, what two parties were able to decide this? Kosovo and Serbia. Period. No matter how much the West and the International community may decide to recognize something, it's ultimately the power of the seceding nation of people to secede and demand recognition from the parent country. Kosovo did not merely have the power of allies, but also a just and legal cause.

Does Ossetia have a moral and legal right to secede from Georgia? My Georgian friends are going to be upset that I will say yes. The fact is that Ossetians have never been treated as first-class citizens of Georgians and, as much as the 'land' is considered by Georgians to be Georgian, its people have never been welcomed.... and I defy a Georgian to come up with an example in which there was a period of Georgian history in which Ossetians have not been treated as non-Georgians: How many Ossetians have YOU invited to dinner?

That said, Ossetians have created quite a problem for themselves. The fact is that Ossetians, actually and legally Georgian Citizens, have the right to secede. Russian citizens do not have that right to secede from Georgia because, frankly, they are not Georgian in the first place. Further, Georgia, as does the United States, France, Germany and every other country in the world, have the legal and recognized right to expel non-patriots from its country.... this includes Russian Citizens.

If Russia decides to insist on Ossetians' right to secede then it opens itself up to the precedent it has set: If Ossetians have the right to secede (even as illegal Russian Citizens) from Georgia, then Chechneyans have that equal right to secede by Russia's own rule. So does any other 'protectorate' of Russia.

Russia must choose.

Rule of law, setting its own 'law'? Does strength mean law? if so, the US can DEFINITELY play that game. ;) Does a law for one person or country mean it is the law for all? Is Russia prepared to back up its 'theory on law' and what its own rules may bring? Frankly, Russia is either breaking law, or setting it. If it is setting the law, then Russia must live under the condition it has described and under the theory it has laid out.

Are you, a Russian, willing to live under this Russian mistake, or are you willing to push your leaders to back down?

Was Georgia wrong in its treatment of Ossetians? Yup. I agree with that. Let it play out and you'll find the West sympathetic to that cause. If the Georgians want Ossetia, it's going to have to grow up and start selling the idea to a free Ossetian people. Tanks will not impress the West.

Frankly, Georgia would have done better to let Ossetia flee to Russia for a generation.... let them, see what it's like being a Chechneyan. Ossetia would have come back and.... frankly, Georgia might have walked away with North Ossetia to boot.

That's a problem between Georgians and Ossetians. Russians and Americans need to be above that fray and I'm disappointed that Putin -- the real president of Russia -- has allowed personal feelings to supersede his KGB training.