Perhaps, but consider this: if you were a government and you have that degree of power at your disposal...what the hell do you need the will of the people for? I'd say governments with access to mind control and the ability to flatten buildings at will is a much bigger threat to democracy than criminals with access to mind control and the ability to flatten buildings at will.
Governments already have the ability to flatten buildings at will. It's called having a military.
Nobody's saying that there should not be limits on the use of the Avengers' powers. In fact, putting them under United Nations authority instead of the authority of any one government is a good way to prevent their powers from being abused.
Rogue groups are a problem but somewhat countered by the existence of groups like the Avengers, the Secret Warriors and sooner or later, the Defenders.
The Avengers, the Secret Warriors, Couslon!SHIELD, and the Defenders are all, themselves, rogue groups.
Even so, there's no reason why you can't have government sponsored groups. The distinction between that and what the Accords is trying to do is that they should be employees of the state and there of their own free will. Just like police, just like soldiers, just like firefighters, just like paramedics.
Secretary Ross made it very clear that none of the Avengers would be forced to serve if they didn't want to; they would be obliged to retire, and that is all.
To my mind what the Accords should really be about is 1) protecting the rights of the super-powered citizens to not be locked up without cause, dissected and enslaved
I completely agree here.
Unfortunately, there's a bit of a contradiction between the Accords as depicted in
Captain America: Civil War and the Accords as depicted in
Agents of SHIELD. In CA:CW, the Accords are said to be specifically about putting the Avengers under multi-national authority, and it is established that any Avenger who does not wish to work for the U.N. may retire.
Agents establishes, on the other hand, that the Accords require superpowered individuals to register with their national governments, which is obviously a violation of their civil rights.
2) limit the extent to which a nation may deploy their super-human assets oversees
I mean, I don't see how that's not already covered by existing international law. Like, if the Canadian government attempted to deploy Captain Canada within the sovereign borders of the Argentine Republic without the Argentine government's permission, that would be a clear violation of international law already -- legally no different than deploying the Canadian Forces within Argentina.
Meanwhile, putting the Avengers under U.N. control means there's a check on the temptation the Avengers themselves might have to intervene in international affairs. For instance, what if Steve and Tony had gotten it into their heads to deploy the Avengers to Ukraine on the side of the Ukrainian government after Russia annexed Crimea? Sure, they must have repelled Russian and Russian-backed forces -- but now they've gone and destabilized an already flammable situation. Putin might respond by, for instance, deciding to send the Russian Army into downtown Warsaw in retaliation. Private individuals making state-level interventions -- which is pretty much what the Avengers do -- are a serious threat to international order and to national sovereignty.
and 3) forbid them from being deployed domestically to quell civil unrest.
That would be an obvious violation of the sovereignty of the world's nations. Non-intervention in their domestic affairs is a cornerstone of the post-colonial era.
The agenda being not allowing the Avengers to do as they damned well please whileanswering to nobody, trample on sovereignty, ignore due process rights,
Sounds like many U.N. member nations, which are in no position to point fingers,
You seem to have a fundamental misunderstanding of the conception of national sovereignty.
To wit: Sovereign states do not answer to anybody. That's what makes them sovereign. It's why, for instance, the United States does not get to tell the people of Mexico who they may elect as president.
Yes, there are sovereign states that have trampled on other states' sovereignty, such as the United States when it invaded the Republic of Iraq in 2003. No one is saying that is acceptable.
But this does not mean that what amounts to a private militia should get away with it.
Tell me, how would you feel if it came out that
Blackwater was violating the territorial integrity of sovereign nations, engaging in law enforcement activities that got innocent civilians killed without so much as a by-your-leave to national governments, and had even gotten an entire city destroyed when a weapon they created malfunctioned?
ithout the Avengers, all humanity would be under Loki's rule or dead--and they ask for nothing, do not invade nations,
Every time the Avengers enter a country without obtaining permission from that country's government, they are invading that country. The Republic of Korea did not give them a law enforcement visa when they came to Seoul. The Republic of South Africa did not stamp their passports before the Hulk tore apart downtown Johannesburg.
manipulate or divide countries like certain governments throughout the past 100+ years.
No, they just build weapons that malfunction and destroy other nations' capital cities.
Ah, yes the fundamental right of vigilantes to exist.
There isn't a such thing.
THIS.
The Avengers Initiative was sponsored by S.H.I.E.L.D..
S.H.I.E.L.D. "was" law enforcement.
Yep. Key word being "was." SHIELD had a right to engage in law enforcement activities because permission to exercise executive authority had been delegated to it by the democratically-elected governments that supported SHIELD and allowed it to operate within their borders.
Then SHIELD was legally dissolved, and therefore the Avengers lost their democratic mandate to exercise executive authority.