@Jaxk – Genocide is already illegal. The treaty on it, containing the definition, is cited above. No law covering any crime of significant magnitude has a clear definition (first degree murder, for instance, is generally “an intentional killing with malice aforethought.” Requiring that a crime have a clear-cut definition so one can point to an event and say “This was clearly x crime” would make the justice system administrative rather than investigatory/adversarial. We would not need criminal or civil courts, or juries – simply administrative courts and the code.
Because it is not only a jus cogens norm, but also codified in treaty, it is clearly a crime. It is, in fact, one of the few international criminal treaties that requires that any state party declaring or when it is declared that a particular act is genocide actually creates positive duties for the state parties to the treaty – they are required to take action to prevent it. So, although informal, there is a world police power when it comes to that crime. The Rwandan genocide is a lucid example – no one really called it such until well into the action because doing so would have required a state to invest military support. In a rare example, Colin Powell was the first to call it one. The reluctance to do so was based in many ways on the positive duties.
Again, and though you stated the number argument was off point, the fact that it is genocide doesn’t really matter if it appears to be. What the base number is is really beside the point – if a leader is systematically killing the citizens of a nation, or if it is acting on civilian targets with regularity, we should and as an international community have intervened.
The Obama question has an answer, that has already been demonstrated by (1) the internationally accepted criminal definition of genocide, (2) general state practice, and really (3) common sense. No, absolutely not. Isolated events such as the one described don’t meet the definition. States have not gathered to move forward on prosecution of individuals with international support for such events as genocide. And the example wouldn’t be reasonably argued as genocide by anyone who would be taken seriously.
The problem with not placing a third party “in control” or at least as an accepted watchdog is that you have individual nations taking actions anyway that everyone might not agree with, might not be acceptable, and might be with the intent of setting up shadow governments or pushing particular ideological agendas. The US/USSR cold war actions in various East Asian and Latin American/Caribbean nations are the clearest examples. The problem with any such extragovernmental body is likely not what you seem to think of – an expansion of power such that individual countries come under it’s control in a way not considered, but the opposite – that there will be less action in terms of genocide, for example, as there would need to be consensus on it.
So, these things already happen clearly. But they happen based on agendas or decisions by states in power that can do it, and arbitrarily decide when it’s worth their while. Extragovernmental authority would refine the action rather than expand it, and further clarify situations where it’s proper.
@Kraigmo – I think the above supports your assertion, although I disagree that it “should” or “would” be the US. Although practically we are, we should not be the force responsible for policing the world – the world should be required to step up and take some of the responsibility for itself.
@Bluefreedom – I think you’re right with many of your examples – however, much of the US involvement in Vietnam/East Asia and South America has more than troubling implications of solely self-interested motivations as opposed to moral motivations of a universal nature. Vietnam was, of course, a prime example of putting US interests above those of the people of a sovereign nation, which was attempting to establish independence following protracted French colonial rule. Much of the Latin American conflict was motivated by the same anti-Communist rhetoric, while further adding a more significant desire to protect US financial interests in a sort of “economic colonialism” ideology. These demonstrate the problems, I think, of allowing world policing of countries to be left in the hand of, let’s face it, superpowers.