American Exceptionalism, Sovereignty, and a Call to Arms: President Trump’s Opening Speech to the UN General Assembly

Disclaimer: The views and opinions expressed in this article are those of the author's and do not necessarily reflect the position of JLIA, Penn State Law, School of International Affairs, or Pennsylvania State University.

 

In President Donald Trump’s opening speech to the United Nations General Assembly on Tuesday, September 19th 2017, it is unclear if the President is aware of what the U.N. was chartered to accomplish, or if he is making a purposeful stance against the current state of international law set forth by the organization and its members. His speech brought to light questions concerning international law and ‘presidential’ behavior through his discussion of American exceptionalism, the importance of sovereignty, and the condemnation of Kim Jung Un and Iran, the former of which he referred to as ‘Rocket Man’.[1]

He began his 41-minute speech by touting America’s exceptionalism and stressing not only the importance of honoring the sovereignty of nations as the key to international cooperation, but that nations would be expected “to respect the interests of their own people and the rights of every other sovereign nation.”[2] While the UN Charter details the importance of sovereignty in Article 2, it is important to remember that one of the main purposes of the UN is to encourage “international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.”[3] It is no surprise, following the President’s statements from earlier this year concerning the Paris Climate Accord, that he believes America has been “taken advantage of” through entering “one-sided deals” with its Allies, potentially touting a new age of American isolationism.[4]

However, it is interesting to hear these two subject discussed in the same speech, and almost in the same breath. How can President Trump tout the importance of nations and nation-states taking care of their people by their own rules while he stresses how America’s excellence should be seen as a model to be copied by the rest of the world. Were these comments harmless notions from a new American leader who is attempting to bring about a new age of American isolationism, or something more?

The real issue in question arises when the President begins speaking on the wellbeing of the world and the UN’s inaction when it comes to the threats from both North Korea and Iran. Chapter I, Article 2 of the UN Charter, signed by the United States of America states, “All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” And further that, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.”[5] This does not mean that countries cannot act in self-defense, or even preemptive self-defense, as the UN charter also details the time and place for such action in Chapter VII, Article 51.[6] However, is it noted that all action, pre-emptive or responding, should be proportional to be in accordance with the Charter and International law.[7] Further, this provision is meant to not just encourage, but require nations look to other means, aside from war or threats of that ilk, to solve their disputes and guide their interactions.[8]

In his speech, President Trump states in no uncertain manner that If the UN does not take collective action against Kim Jung Un and North Korea, the United States will.

 

“The United States has great strength and patience, but if it is forced to defend itself or its allies, we will have no choice but to totally destroy North Korea. Rocket Man is on a suicide mission for himself and for his regime. The United States is ready, willing and able, but hopefully this will not be necessary. That’s what the United Nations is all about; that’s what the United Nations is for. Let’s see how they do.”[9]

 

Is the President looking for a call to action from the U.N.? Or is it a call to arms? Would the United States potentially violate the U.N. Charter by pre-emptively striking North Korea, or would they cite self-defense? The answers to these questions are unknown at this time, but the rhetoric of the President’s speech came off more as a threat than anything more cooperative or encouraging of international togetherness and security.

Iran received the same treatment from the President, as he called for the UN General Assembly to join the United States in demanding that “Iran’s government end its pursuit of death and destruction” and “respect the sovereign rights of its neighbors.”[10] While these statements have not received that same attention from the media as President Trump’s comments on North Korea, it is important to question, as seen previously in his speech, what the President means when he says he respects sovereignty, or if he only respects the sovereignty of a nation when it looks like his own.

Finally, President brought his 41-minute speech to an end with this comment in reference to the current state of the world at large:

 

            “The American people hope that one day soon the United Nations can be a much more accountable and effective advocate for human dignity and freedom around the world. In the meantime, we believe that no nation should have to bear a disproportionate share of the burden, militarily or financially. Nations of the world must take a greater role in promoting secure and prosperous societies in their own regions.”[11]

 

These last statements and the entirety of this speech from the President of the United States begs the question, does America want to be a part of a rich, diverse, and different international community? Or do they only want to be a part of an international system that reflect the state of their own American morals and values?

 

About the Author: Sara Firestone is a 2L at Penn State Law.


 

[1] Politico Staff, POLITICO (Sept. 19, 2017), http://www.politico.com/story/2017/09/19/trump-un-speech-2017-full-text-transcript-242879.

[2] Id.

[3] U.N. Charter art. 2, para.6.

[4] Supra note 1.

[5] U.N. Charter art. 2, para.3, 4.

[6] U.N. Charter art. 51.

[7] Id.

[8] Supra note 5, para 3.

[9] Supra note 1.

[10] Id.

[11] Id.

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