-Caveat Lector-

http://www.counterpunch.com/szamuely0924.html

US Hypocrisy on Those IKCs
You Guessed It: International Kangaroo Courts

by GEORGE SZAMUELY

Going by the hysterical bluster emanating from Washington about the
International Criminal Court (ICC) it would seem that upstanding American
"peacekeepers" selflessly policing the world are about to be arrested on
frivolous charges and hauled before a court presided over by assorted
witch-doctors, unreconstructed Stalinists and Osama bin Laden acolytes. The
court, created in 1998 by the Rome Statute, is designed to punish crimes
such as genocide, crimes against humanity and war crimes--acts which had
hitherto fallen within the purview of national courts. Here's a typical rant
from conservative columnist Balint Vazsonyi in the Washington Times: "The
wall separating the legal concepts, systems and practices in the
English-speaking world from all other nations is higher and thicker than the
Great Wall of China." Writing in USA Today Deputy National Security Adviser
Stephen J. Hadley deplored "the lack of adequate checks and balances on the
powers of the ICC prosecutor and judges." The USA has learned by bitter
experience that unaccountable prosecutors constitute a danger to the rights
and welfare of its citizens."

Such sentiments would be more compelling if they did not sound so
self-serving. Last November, U.S., British and French special forces
presided over and directed the slaughter of about 1000 prisoners of war by
the Northern Alliance at Mazar-e-Sharif. The slaughter was helped along by
heavy U.S. air strikes. Recently Newsweek reported that "America's Afghan
allies asphyxiated hundreds of surrendering Taliban prisoners by
transporting them in sealed cargo containers en route to a prison in
Northern Afghanistan and they buried them in a mass grave." Around a
thousand people are said to have died in these containers. U.S. forces were
in the region at the time, and either facilitated or did little to stop
these atrocities. Had been the forces of any other power, those of
Yugoslavia or Russia say, Washington would be shrieking for the perpetrators
to be brought to justice. As it is, these events scarcely elicited a murmur.
Earlier this year Congress passed the American Service Members' Protection
Act. The legislation prohibits any U.S. government agency from cooperating
with the ICC. It demands that "each resolution of the [U.N.] Security
Council authorizing any peacekeeping operationa"permanently exempts" members
of the Armed Forces of the United States participating in such operation
from criminal prosecution." No U.S. military assistance was to be "provided
to the government of a country that is a party to the" ICC. In addition, the
president was "authorized to use all means necessary and appropriate to
bring about the release of any [U.S. or allied persons]" being detained or
imprisoned by, on behalf of, or at the request of the" ICC.

This fearless assertion of national sovereignty is claptrap and the rankest
hypocrisy. The act starts off solemnly declaring that "it is a fundamental
principle of international law that a treaty is binding upon its parties
only and that it does not create obligations for nonparties without their
consent to be bound. The United States is not a party to the Rome Statute
and will not be bound by any of its terms." That is indeed the very basis
international law. Shame then that the United States has so little respect
for it! In 1993, the Clinton administration pushed the U.N. Security Council
to establish the International Criminal Tribunal for the former Yugoslavia
(ICTY). The countries that were to be subjected to this court's jurisdiction
had no say in its establishment and had never given their consent. Yet they
were ordered to cooperate on pain of sanctions, and worse. To this day, the
United States punishes Yugoslavia for insufficient zeal in cooperating with
the tribunal.

On May 27, President Bush signed an order continuing a state of national
emergency with regard to Yugoslavia: "Because the crisis with respect to the
situation in Kosovo and with respect to Slobodan Milosevic, his close
associates and supporters and persons under open indictment for war crimes
by the ICTY has not been resolved," the president declared, there existed an
"unusual and extraordinary threat to the national security, foreign policy,
and economy of the United States." Bush ordered that all property of the
Yugoslav government in the U.S. continue to be blocked and that "trade and
other transactions" with the Federal Republic of Yugoslavia be prohibited.
This, a year after the abduction and handover of Slobodan Milosevic to the
Hague tribunal!

The Hague tribunal served as the prototype for the ICC and it possesses all
the features that Americans are today complaining about: The prosecutor is
out of control. Prosecutor and court are one and the same. Appellate court
and trial court are also one and the same. The court is answerable to no
one. There is no jury. Prosecutors may appeal an acquittal and insist on
continued detention of a defendant. Yet, the service members' protection act
insists that the work of the Hague tribunal continue undisturbed: "Nothing
in this title shall prohibit the United States from rendering assistance to
international efforts to bring to justice Saddam Hussein, Slobodan
Milosovic, Osama bin Laden" and other foreign nationals accused of genocide,
war crimes or crimes against humanity."

It is hardly surprising that the U.S. is so fond of the ICTY. Here is a
court financed by the U.S., assorted NATO governments, U.S. corporations
and, of course, the ubiquitous George Soros. Its personnel come largely from
the U.S. Justice Department. The presiding judge in the Milosevic trial,
Richard May, is British and a prominent figure in the Labor party whose
leader, Tony Blair, played a major role in the 1999 war against Yugoslavia.
The prosecutor, Geoffrey Nice, is also British. Here then is justice, NATO
style--what the strong mete out to the weak.

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