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·Judicial Independence and Canadian Judges
·如何制约流氓暴君下屠杀令扑灭宪政民主大革命?
·关于成立临时或流亡政府我的原则与立场
·公平游戏规则公平竞争是第一价值原则
·中国民主运动要不要遵守公平游戏规则?
·中国民运长期四分五裂的根源何在?
·郭国汀:唯有程序正义才能根治中国民运四分五裂顽症
·民运内部必须是平等尊重基础上充分争论协商妥协式的真诚合作
·自私是否人的本性?
·暴君与暴政
·暴力革命与和平演变的前提与条件
·关于暴力革命答深山质疑
·勇敢地参政议政吧!中国律师们!/郭国汀
·语言风格——关于袁红冰改良还是革命的争论
·就袁红冰之《改良还是革命》与申先生的论战/郭国汀
·英雄人格哲学—袁红冰《自由在落日中》读后
·划时代的政论——简评袁红冰《改良,还是革命?》
·为什么袁红冰之《改良,还是革命?》是划时代的政论?
·再论政治案低调消音妥协辩护论的严重危害性
·再论政治案件低调消音妥协辩护论的危害性引起争论
·政治案辩护律师的最佳策略
·驳政治肮脏论
·文字狱与极权专制体制
·暴政与人种的优劣/新南郭
·虚伪是极权专制的必然付产品
·极权专制政体与思想家
·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
·法治的目的
·法治与民主的前提与条件
·法治的起源与历史
·开明专制与法治--极权流氓暴政下决无法治生存的余地
·法治的基石和实质
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(诉江泽民案美国依据国际法的义务:是对公共安全的危胁还是种族灭绝?)接上页博讯www.peacehall.com

   
   
   
    The lawsuit directly implicates international law and state sovereignty. International law provides that a government has a right of self-determination and a right to preserve societal stability within its own borders, without interference from other countries. Nevertheless, international accord tempers these rights by providing that leaders should and can be brought to justice when they commit heinous crimes against their citizens.[15] While the court presents a very well-reasoned dismissal opinion, it may only be possible to properly assess jurisdiction and sovereign immunity under international law by considering the merits of the case. Countries have an obligation to hold leaders responsible for human rights violations that rise to the level of genocide and universal jurisdiction crimes - a scenario in which claims of sovereign immunity claims would be invalid.
   
   
   
   
    In Part II, this article considers Falun Gong and its interactions with the Chinese government. From this part, one can formulate an informed opinion about the relative justification for the ban. Part III presents the claimed human rights abuses. Part IV considers the crime of genocide against the backdrop of twentieth century genocide cases, as well as instances of universal jurisdiction crimes that could arguably abrogate state sovereignty and head-of-state immunity claims. Part V elucidates the parameters of jurisdiction under international law. The analysis in Parts III and IV will introduce the jurisdiction discussion, as well as elucidate the district court's final decision to dismiss the case, pursuant to its obligations under international law, which establish the relative levels of human rights abuses that qualify for closer, international scrutiny.
   
   
   
    II. THE CHINESE GOVERNMENT'S TREATMENT OF FALUN GONG
   
   
   
    A. Chinese Government and Jiang Zemin v. Falun Gong
   
   
   
    1. History of Falun Gong
   
    The founder of Falun Gong is Mr. Li Hongzhi,[16] a Chinese national and permanent resident of the United States. He began teaching principles of Falun Gong across China in the early 1990s, and published the primary treatise on Falun Gong, Falun Gong: Law Wheel Qigong, in 1993.[17] Some describe Falun Gong as a slow motion, martial arts-like, meditative practice that emphasizes living a moral and honest life[18] to cultivate a healthy mind-body connection.[19] Others suggest that it could be classified as a spiritual movement,[20] a religious order[21] or a philosophy.[22] It has claimed peak membership of 80 million within China[23] and million elsewhere.[24]
   
   
   
    In the current media melee, the Chinese government forewarns its citizens that Falun Gong is an "evil cult,"[25]while Falun Gong emphasizes that the Chinese government persecutes and tortures Falun Gong practitioners for their beliefs.[26] Chinese Ambassador to the U.S. Yang Jiechi has stated that Falun Gong selectively chooses which tenets to portray to the West so as to make the group appear more benign.[27] A closer examination of the various categories of Falun Gong's tenets and evolution based on official teachings can serve to elucidate Ambassador Yang's comment.
   
   
   
    By analyzing the progression of Falun Gong's official teachings, it appears that followers travel a spiritual cycle; they transcend a first stage as students and practitioners, who should live an honest and healthy lifestyle and do the regimen of exercises;[28] to a second stage as disciples, who can develop supernatural powers if they devoutly follow Mr. Li Hongzhi;[29] to a third stage as advocates who should oppose the Chinese government at all costs.[30]Ambassador Yang's comment appears to argue that Falun Gong has ignored the fact that the Chinese government claims to be reacting to "harmful" group advocacy instead of doctrinal beliefs.
   
   
   
    The following overview of Falun Gong's central tenets is not destined to question the veracity of the teachings, but rather to provide a fair assessment of the dispute by presenting the Chinese government's claims that the teachings have incited illegalities and societal harm. Alternatively, while there are many Chinese government media releases suggesting a relationship between the above tenets and alleged member wrongdoing, many of the claims could be circumstantial and may not be systematic and widespread, particularly with a group membership that has apparently been as high as 80 million within China. According to Falun Gong's official teachings, the group has very honorable and benign intentions; by following the regimen of exercises and teachings, practitioners not only will evolve spiritually but will also develop very profound "abilities."[31]The Chinese government calls these promises deceptive and claims that its reaction to member advocacy to defend their beliefs is justified for the good of the collective society.
   
   
   
    2. Stage One
   
    The first stage of Falun Gong teachings might be defined as the period in which Mr. Li Hongzhi united religious, spiritual, and philosophical beliefs that have a longstanding history in China. Falun Gong has associated itself with Buddhist and Taoist traditions[32] and predicates its teachings heavily on "Buddha Law," which it calls "the most wondrous and highest science."[33] Buddha Law is the "universe's most fundamental nature, to be True, to be Good, and to Endure."[34] Disciples believe in Karma and previous lives,[35] in fostering ethical human relations, and in attaining a calm mind; the teachings, however depart significantly from Buddhism and Taoism.[36] Falun Gong also promotes a modem variant of the ancient Chinese practices of exercise, deep breathing, and meditation - collectively known as qigong - which enthusiasts claim promotes physical, mental, and spiritual well-being by enhancing the flow of vital energy through the body.[37]
   
   
   
    The progressive aspiration of the Falun Gong disciple is to cultivate character by releasing negative thoughts to reach a higher level of spirituality.[38] This profound yet subtle process is invisible to others.[39] Cultivating is the evolutionary process through which disciples transcend one's original body so that "[the molecular composition of the human body is transformed into high-energy matter."[40] By performing the regimen of qigong exercises,[41] and by living virtuously in thought and deed, [42] one can attain heightened levels of cultivation, thereby reaching higher dimensions that are distinct from that in which one's body presently resides. In short, cultivating to higher levels increases one's gong.[43]
   
   
   
    The height to which one can cultivate depends entirely upon one's ability to endure and bear hardships in the physical world.[44] A Falun Gong member's ultimate goal is to reach consummation, which may mean that the disciple must endure hardship to attain that full evolution.[45] When reaching this highest level of consummation, one must "let go of all worldly attachments (including the attachment to the human body) and have made it through the process of letting go of life and death."[46]
   
   
   
    3. Stage Two
   
    While the foundation of Mr. Li Hongzhi's teachings rely almost entirely on principles and religious practices with a long history in China, he says that any derivative of his teachings should be denounced.[47] He enforces this with a fairly strict regimen of rules mandating exclusive and steadfast devotion to his Dafa.[48] Indeed, there are a number of important attributes that Mr. Li Hongzhi emphasizes which he directly provides to disciples. First, he places a "Law Wheel" in the lower abdomen of disciples[49] and assists them in opening the "third eye"[50] to new levels.[51] The third eye is the gateway to supernatural abilities.[52] Gong potency,[53] and the endurance of suffering[54] will intensify one's supernatural powers.
   
   
   
    According to Mr. Li Hongzhi, some of the supernatural abilities that Falun Gong members have attained include: clairaudience telepathy, precognition,[55] and telekinesis;[56] as well as the abilities to "remotely view" distant places and times, to know the future, to reverse the aging process,[57] to remain young forever, to levitate or fly, to heal oneself and others of ailments,[58] and to disappear on command.[59]However, a disciple never can reveal or unveil these supernormal abilities and experiences to anyone else or Mr. Li Hongzhi could take the powers away.[60]

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