March 28, 2011

Might makes right? – From the halls of Montezuma to the shores of Tripoli

Atty. Emmanuel Samonte Tipon

Whenever I hear the Marines’ Hymn “From the Halls of Montezuma to the shores of Tripoli,” I am reminded of my son Noel, a Major in the U.S. Marine Corps, as he marched off to “fight our country’s battles” not in Tripoli but in Iraq. Thank God, he is back in Hawaii unscathed and is now practicing law with me.

When First Lady Imelda Marcos traveled to Tripoli, Libya to ask Col. Khadafy to intercede with the Muslims who had set Mindanao ablaze, she was ushered into the tent of Khadafy. According to an anecdote, the Libyan leader was being massaged by a masseuse. He was unclad. In his excitement to meet Imelda, Khadafy forgot to wrap himself in a towel. “Kadako!” exclaimed Imelda in Visayan. “It’s Khadafy, madam,” replied Khadafy.

Khadafy has been good to Filipinos. He negotiated a cease fire between the Philippine government and the Moro National Liberation Front (MNLF) on December 23, 1976 - the Tripoli Agreement. Libya has provided more than 13,000 jobs to Filipinos, many of whom have no visas or have expired visas. Libya is not deporting them, unlike America.

Is America addicted to war?

Now these hard-working Filipinos are losing their jobs and maybe even their lives because of the bombardment of Libya by the three amigos – United States, France, and Britain avowedly to save civilian lives in the wake of the rebellion by anti-Khadafians.  Instead of saving lives, the bombardment has actually caused the death of scores of innocent Libyans, including children.

Khadafy has not harmed any Americans, French, or Britons nor has he placed their interests in jeopardy. This unprovoked attack by the three amigos does not appear justified. It is a blatant interference in the internal affairs of a sovereign state.
They say Khadafy is a dictator. Has he forced Libyans to buy health insurance or ordered straight soldiers to fight alongside gays?

As the aphorism says: “Might makes right,” meaning “that people who have power can do whatever they want.” Legal or illegal.
http://www.enotes.com/side-mountain/q-and-a/what-does-mean-that-might-right-107075.  "Might makes right" has been described as the credo of totalitarian regimes.  GE White (1973), Evolution of Reasoned Elaboration: Jurisprudential Criticism and Social Change, The, Va. L. Rev. It appears also to be the credo of many consular and immigration officers who are denying for flimsy reasons applications for immigration benefits or deporting aliens without balancing their positive and negative character traits.

Why don’t the three amigos attack the Somali pirates who constitute more of a threat to humanity? American vessels have been hijacked by these pirates. Recently, the yacht of an American couple planning to distribute Bibles in Africa was captured by the pirates. They were killed. Que barbaridad! What did the brave Mr. Obama and his cohorts do? Nothing, awan, wala.

In February 1986, sympathizers of Cory Aquino, who lost the election to Marcos, appealed to China to join the U.S. in pressuring Marcos to resign and give her the presidency. China replied that the contested election was an internal affair of the Philippines, Marcos had been proclaimed elected by the National Assembly, and that China continued to develop relations based on ‘five principles’ which include respect for the internal affairs of another country.  This is according to our friend, Col. Arturo Aruiza, Marcos’ chief aide, with whom we spent hours in Makiki Heights talking about their kidnapping by the Americans.

Why doesn’t the rest of the world emulate China’s wise policy?  The leaders of the U.S., France, and Britain profess to be Christians. Why don’t they hearken to the Biblical injunction: “Not by might, nor by power, but by my spirit, saith the Lord.” Zechariah 4:6.

(Atty. Tipon has a Master of Laws degree from Yale Law School and a Bachelor of Laws degree from the University of the Philippines. He specializes in immigration law and criminal defense. Office: 800 Bethel St., Suite 402, Honolulu, HI 96813. Tel. (808) 225-2645. E-Mail: filamlaw@yahoo.com. Websites: www.MilitaryandCriminalLaw.com, and www.ImmigrationServicesUSA.com. He is from Laoag City and Magsingal, Ilocos Sur. He served as an Immigration Officer. He is co-author of “Immigration Law Service, 1st ed.,” an 8-volume practice guide for immigration officers and lawyers. Listen to the most witty, interesting, and informative radio program in Hawaii on KNDI at 1270, AM dial every Thursday at 7:30 a.m., rebroadcast at  www.iluko.com. This article is a general overview of the subject matter discussed and is not intended as legal advice. No warranty is made by the writer or publisher as to its completeness or correctness at the time of publication.) 

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