The MCU’s Sokovia Accords Apply To Less Than Half The Avengers

The Sokovia Accords, introduced in Captain America: Civil War, are a set of rules which divide the Avengers with the demand that superpowered individuals – and notably ‘superheroes’ in particular – register with the United Nations as potential threats. There are a number of dividing lines between the heroes in this film, with friends and allies falling out over the matter. Important to note however is that the accords as they are written don’t apply to all of the Avengers equally, except where individual Avengers are subjected to those rules by name. Given that one of the rules of the Accords is that those subject to them can be detained indefinitely without trial, this is fraught to say the least.

For all the broad and sweeping authority that they grant, the Sokovia Accords don’t actually specify what constitutes a ‘superpowered’ individual, but instead, refer to a general group of ‘enhanced individuals’. While the Accords may be replaced in Phase 4, the ones that have been seen to date only use the term ‘enhanced’, and mention that technology can ‘enhance’ people. Since it’s clear that the intent of these accords is not to arrest cheetahs for running quickly and birds for flying, it’s also clear that the definition is not just ‘having abilities ‘normal’ humans do not’.

Hawkeye and Black Widow are not notably ‘enhanced’ in any way, apart from extensive training and Olympic-level athleticism. Thor and Vision are not ‘enhanced’ – both were effectively born with the superhuman qualities that they wield. While Falcon does use technology to be able to fly, Captain America: The Winter Soldier establishes that while not common, suits similar to Falcon’s were used for search and rescue – so while Falcon is set to be the new Captain America there isn’t any sign that he’s being physically enhanced beyond what military equipment grants. War Machine’s armor is similarly the property of the US Government, and Iron Man’s is (as of Civil War) of a similar power tier.

On the other side of the coin, Hulk is definitely enhanced, and Captain America is as well. Spider-Man (who does not appear to be an Accords signatory) is an enhanced human, presumably due to a radioactive spider. Black Panther has physical enhancement combined with body armor that exceeds conventional military equivalents, and Ant-Man uses Hank Pym’s technology which has not had a conventional military application. Of the characters reasonably called ‘Avengers’ by Civil War, five are ‘enhanced’, and seven are not. While Vision does fall subject to rules in the Accord about not creating new AI’s, his creation predates those rules.

Although a complete guide to every alien species that could produce a superhero in the MCU would gain new members every few films, it’s safe to say that the existing list already includes a great many that, like Thor, are not ‘enhanced’, and therefore don’t fall under the letter of the Accords, even if they were residents of Earth. Power armor is certainly useful, but no longer unique (this being the contentious issue of Iron Man 2) and is comparable in speed and arsenal to a fighter jet. Individuals from Black Widow to Batroc the Leaper are by all accounts exceptionally skilled but genetically normal humans. Whether the Sokovia Accords are necessary might be a matter for debate in Captain America: Civil War, but as written, they’re slightly worse than useless.