-Caveat Lector- http://www.pacificnews.org/content/pns/2002/may/0507snub.html
Bush's Snub Of Criminal Court Undermines World Justice By Amy Ross, Pacific News Service, May 7, 2002 In its opposition to the International Criminal Court, and its legally dubious and arrogant "unsigning" of the treaty that created the ICC, the Bush administration continues on a regressive, dangerous path, writes PNS contributor Amy Ross. The International Criminal Court (ICC) is now a reality. But the United States won't be at the table. Office space has been rented. Professionals from around the world will serve as judges, attorneys and translators, tasked with prosecuting human rights violations such as war crimes and genocide. But the U.S. chair will be empty. This week, President Bush "unsigned" President Clinton's signature on the treaty creating the court, a move dubious in its legality and shocking in its arrogance. Bush's insistence that the United States stands above the court really means that America will be left outside this important international body. The new court enjoys the support of nations worldwide, including all of the European democracies and a majority of the countries the United States considers its closest allies. The ICC won't take the place of these national courts; it has jurisdiction only if the courts fail to act. It will be located in The Hague, a city with a long tradition of hosting international treaties and institutions. The Bush administration's move typifies its disregard for multilateral cooperation. The White House has made it clear that it will use its muscle to stymie the ICC, which it believes might hold U.S. citizens (soldiers and public servants) accountable to international justice. Last fall, the Bush administration endorsed legislation -- the American Servicemembers' Protection Act -- calling for sanctions against countries that support the initiative. This legislation was characterized in Europe as "The Hague Invasion Act," because it authorized the United States to use force to bring about the release from captivity of any U.S. service member detained or imprisoned by the ICC in the Netherlands. "At a time when allies in Europe and around the world are rallying to stand with the United States against a common threat, the State Department should not be embracing legislation that authorizes an invasion of the Netherlands," the group Human Rights Watch stated in a letter to Secretary of State Colin Powell. "It hardly seems like a good moment for the U.S. to be threatening sanctions against dozens of countries simply because they want to bring to justice perpetrators of crimes against humanity." Opposition in the Senate managed to remove the extreme language from a defense appropriation bill. It must be noted that American aversion to the International Criminal Court predates the Bush administration. For five weeks in 1998, under President Clinton's watch, the U.S. delegation to the United Nations conference wrestled with the rest of the world over the ICC treaty. Washington strenuously objected to elements in the treaty that gave the ICC its powers, and in the minds of the vast majority of the other participants, made the court viable. The United States insisted on conditions that would essentially make it impossible to try an American. As one frustrated delegate said at the time, "We are being forced to accept a court that is either weakened by 'American exceptionalism,' or weakened by the lack of involvement of the U.S." Despite accommodations and compromises, the United States became increasingly isolated, watching as its allies coalesced into the group of "like-minded nations." In the end, 120 countries voted to adopt the treaty. Only seven voted against it. The United States and Israel publicly announced their opposition; the five other countries in the secret vote were reported to be China, Libya, Iraq, Yemen and the Sudan. Behind this movement to combat bestial crime with rational justice is the recognition that warfare increasingly affects civilians. In the past, soldiers were the victims of war. But throughout the 20th century, civilians made up more than 90 percent of the casualties of war. On Sept. 11, we Americans felt this reality. Now we share with others across the planet the knowledge that we can become civilian casualties, the "collateral damage" of conflict. As the Bush administration's bellicose and increasingly unilateral response to 9-11 appears to be failing in its objectives -- Osama bin Laden has eluded capture, and threats against the United States at home and abroad continue -- it is time to reassess our strategy. With the ratification of the ICC on April 11, the global community will commit itself to responding to outrageous crimes with rational legal mechanisms. The ICC cannot try past crimes; it looks toward the future. In theory, the very existence of a professional court -- competent and empowered -- could deter individuals from committing crimes against humanity. In this best-case scenario, the ICC will see little action. But in the event that genocide, forced expulsion of populations, widespread rape, "disappearances," torture, and other crimes occur, the ICC can respond. After thorough criminal investigations, indictments can be issued, trials held and verdicts reached. It's a process that will surely be conflictive and arduous. It will take time, money and international cooperation and resolve. Such is the messy operation of democracy and civilization. Bush's lack of engagement with the ICC is dangerous. While the rest of the world continues to develop laws, norms and practices to combat crimes against humanity, the United States has pulled itself out of the action. Perhaps by abandoning "American exceptionalism" and working within the initiatives of international justice, we might all find ourselves closer to peace and security. Ross ([EMAIL PROTECTED]) is an assistant professor of geography at the University of Georgia. Dr. Ross has researched truth commissions in South Africa and Guatemala and the war crimes tribunal in The Hague. http://www.kuro5hin.org/story/2001/10/15/14542/384 The 'Hague Invasion Act' (Freedom & Politics) By greenrd Wed Oct 17th, 2001 at 08:39:08 AM EST The American Servicemembers Protection Act 2001 (S857) is designed to protect US soldiers and VIPs accused of war crimes from being arrested and tried by an international criminal court. When hearing that General Pinochet, the ex-dictator of Chile, passed a law granting himself immunity from criminal prosecution, one naturally views that act as self-serving nonsense. If the Taliban, or Iraq, passed a law authorising military assaults on any country that attempted to try terrorist suspects who were citizens of Afghanistan or Iraq, we would be outraged. But just such a law for the US is precisely what the US congress is considering! -------------------------------------------------------------------------------- SchNEWS has more details: COURTIN' TROUBLE "This legislation is, in effect, a protection of war criminals" - William Pace, Convenor of the Coalition for the International Criminal Court. While America tells the world to get behind its `global war against terrorism' and support the bombing of Afghanistan, a law is being rushed through that will scupper attempts to set up an international criminal court - a court which would be the very body to bring to justice those responsible for the attacks on September 11th. The proposed law has the backing of Bush and has already been passed in the House of Representatives. The Coalition for the International Criminal Court was formed in 1995 and is a network of over a thousand non-governmental organizations and international law experts from every corner of the world. It's pushing for the creation of a permanent and independent International Criminal Court (ICC) that "will investigate and bring to justice individuals who commit war crimes, crimes against humanity and genocide." 42 countries, including the UK, have signed the treaty which ICC Convenor William Pace, reckons "will be a powerful international legal tool in the fight against global terrorism." The US however doesn't want anything to do with it, complaining that "its power could be easily misused to make capricious arrests of American officials or military personnel abroad." Because as everybody knows, the rest of the world commits war crimes but not the good ol' USA. So using the current climate of patriotic hysteria Republican lunatic Senator Jesse Helms is pushing a bill of extreme anti-ICC legislation - The American Servicemembers' Protection Act. The Act aims to stop the convention getting the magic number of 60 countries signing up to it - which is how many signatures are needed to make the ICC international law. Amongst the highlights the Act threatens to cut off military aid to countries that ratify the ICC treaty - apart from NATO, Israel and Egypt - hoping this economic blackmail will stop weaker countries signing up. These are often the countries which are backed by the US, have bad human rights records, and in some cases are the places where war crimes are being committed. The Act would mean that the US military would not take on any UN peacekeeping roles unless they were made exempt from ICC prosecution. It would prohibit US co-operation with ICC inspectors even in a case of international terrorism and give the American President "all means necessary and appropriate to bring about the release from captivity of US or allied personnel detained or imprisoned against their will by or on behalf of the Court, including military force." This in theory could lead to the invasion and bombing of Holland, since the ICC will be based in The Hague! As Richard Dicker of Human Rights Watch points out " the State Department has just endorsed a bill that authorizes an invasion of the Netherlands." No wonder critics are calling it the Invade the Hague Act. All this hasn't gone too well with America's allies. A European delegate at the United Nations said that legislation "imposing military and legal reprisals is unprecedented and unacceptable." While Richard Dicker,added "This makes no sense. It hardly seems like a good moment for the U.S. to be threatening sanctions against dozens of countries simply because they want to bring to justice the perpetrators of crimes against humanity." Forget the talk about a war on terrorism, America wants to be the worlds judge, jury and executioner. As comedian and activist Mark Thomas points out "In a sickening display of hypocrisy America is acting in its own narrow interests with typical double standards. Supporting terrorism is bad except when we do it, the rule of law is good except when it might be used against us, war crimes must be punished except if we commit them. Standing shoulder to shoulder? No chance! America's natural position is standing behind another country pointing a gun at its head." * More info on the court: www.iccnow.org ... <snip/> @nti copyright - information for action - copy and distribute! <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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