tim, 

i find it very unfair and unpopular for you to say that the world should not
be run by second rate countries in the form of a hegemony.

also, we should nationalize the reese's corporation so we can all eat white
chocolate and processed peanut butter fat instead of relying on capitalist
'fat cats' whom only sell them as they see fit.

--d.

-----Original Message-----
From: Heald, Tim 
Sent: Monday, July 07, 2003 2:01 PM
To: CF-Community
Subject: RE: US threatens Caribbean Countries


Have you ever read the soviet union's constitution?  Very reasonable.

I am sorry but giving prosecutorial ability to the UN would be madness.  The
majority of member states are hostile to the US.  That would make no sense
at all, anymore than I could see China or England or any other world player
wanting to do so.

Tim


-----Original Message-----
From: Larry C. Lyons [mailto:[EMAIL PROTECTED]
Sent: Monday, July 07, 2003 1:48 PM
To: CF-Community
Subject: RE: US threatens Caribbean Countries


Have you looked at the provisions governing the ICC, they are very strong 
protections against any politically motivated prosecutions from their faq:


13. When does the Court have jurisdiction over crimes?
The Court's jurisdiction is not retroactive. It can only address crimes 
committed after the entry into
force of the Statute, which occurred on 1 July, 2002. From 1 July, 2002, 
the Court has jurisdiction over
nationals of states that have ratified or acceded to the treaty. This 
automatic jurisdiction represents a
major advance in international law as in the past, the acceptance of 
jurisdiction has, in most cases, been
subject to additional State consent. In the case of war crimes, a State, on 
becoming a party to the
Statute, may withdraw its consent for seven years. However, this does not 
affect the Court's
jurisdiction when it is conferred by the Security Council.
Matters can be referred to the Court by a State Party to the Rome Statute, 
by an Independent
Prosecutor, and by the UN Security Council. The Court may then exercise its 
jurisdiction over the
matter if either the State in whose territory the crime was committed, or 
the State of the nationality of
the accused, is a party to the Statute. Non-party States may accept the 
Court's jurisdiction on an ad hoc
basis. When a matter is referred by the Security Council, the Court will 
also have jurisdiction whether
or not the State concerned is a party to the Statute.

14. Will the International Criminal Court infringe on the jurisdiction of 
national courts?
No. The International Criminal Court will complement, not supercede, the 
jurisdiction of national
courts. National courts will continue to have priority in investigating and 
prosecuting crimes within
their jurisdiction. Under the principle of complementarity, the 
International Criminal Court will act
only when national courts are unable or unwilling to exercise jurisdiction. 
If a national court is willing
and able to exercise jurisdiction, the International Criminal Court cannot 
intervene and no nationals of
that State can be brought before it. The grounds for admitting a case to 
the Court are specified in the
Statute and the circumstances that govern inability and unwillingness are 
carefully defined so as to
avoid arbitrary decisions. In addition, the accused and interested States, 
whether they are parties to the
Statute or not, may challenge the jurisdiction of the Court or 
admissibility of the case. They also have a
right to appeal any related decision.

15. Will the Court violate international law by having jurisdiction over 
members of national
forces or of peacekeeping missions? Won't this make States unwilling to 
participate in
peacekeeping operations?
No. Under existing international law, the State in whose territory 
genocide, war crimes or crimes
against humanity have been committed, or whose nationals are victims of 
such crimes, has the right to
and is often legally obligated to investigate and prosecute persons accused 
of committing such crimes.
The Court's Statute does not violate any principle of treaty law and has 
not created any entitlements or
legal obligations not already existing under international law. The 
cooperation of a non-party State is
purely voluntary and no legal obligation is imposed on a non-party State.
The Court's Statute provides for special protection of peacekeepers by 
including among its punishable
crimes intentional attacks against personnel, installations, material units 
or vehicles involved in
humanitarian assistance or peacekeeping missions. Such violations 
constitute war crimes and, under
certain circumstances, also crimes against humanity. The Statute does not 
otherwise affect existing
arrangements with respect to UN peacekeeping missions since 
troop-contributing countries retain
criminal jurisdiction over their members of such missions.

(from http://www.iccnow.org/documents/iccbasics/Q&AJuly2002.pdf).

Regardless the number of weird hoops and twists that someone would have to 
go through first in order to get a prosecution is quite impressive. 
Moreover to do this on trumped up charges, which is what you are referring 
to, would almost take a miracle.

larry

At 12:30 PM 7/7/2003 -0400, Nick McClure wrote:
>It is not impunity, it is a country with the ability and the will to
protect
>it citizens from potentially overzealous accusations from countries around
>the world.
>
>
> > -----Original Message-----
> > From: Angel Stewart [mailto:[EMAIL PROTECTED]
> > Sent: Monday, July 07, 2003 12:26 PM
> > To: CF-Community
> > Subject: RE: US threatens Caribbean Countries
> >
> > Therefore the international laws governing genocide and other war crimes
> > extends to US military personnel only so far as a US court chooses to
> > enforce the laws.
> >
> > This is exactly what the ICC was meant to combat.
> > Impunity.
> >
> > -Gel
> >
>
>
>


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