RE: [Biofuel] U.S. Obstructs Global Justice

2005-04-04 Thread Tom Irwin

Hi All,

I understand the U.S. point of view very clearly. It has to protect people
like Henry Kissinger. He and tricky Dick extended the Vietnam War by 4 years
and that was only one of his warcrimes.

Tom
 

-Original Message-
From: Keith Addison
To: [EMAIL PROTECTED]
Sent: 4/2/05 2:58 PM
Subject: [Biofuel] U.S. Obstructs Global Justice

http://www.informationclearinghouse.info/article8417.htm

U.S. Obstructs Global Justice

By Jonathan F. Fanton

http://www.latimes.com/news/opinion/commentary/la-oe-fanton29mar29,0,4 
400554,print.story

03/29/05 Los Angeles Times - - When a United Nations commission of 
inquiry recommended this year that gross human rights abuses in 
Darfur be referred to the new International Criminal Court, 
Pierre-Richard Prosper, the U.S. ambassador at large for war crimes 
issues, made headlines by rejecting the idea. We don't want to be 
party to legitimizing the ICC, he said. 

But why not? Ninety-eight nations have signed the Rome Treaty, which 
created the court that the United States now opposes. President 
Clinton signed the treaty too, in the final days of his term, but the 
Bush administration quickly said it had no intention of seeking 
ratification. 

The ICC, which is already up and running in The Hague, has 
jurisdiction over crimes of genocide, crimes against humanity and war 
crimes committed after July 1, 2002, if and when the justice system 
of a signatory country is unwilling or unable to act. What's going on 
in Darfur seems exactly suited for the court, but the U.S. has said 
it would rather pursue those who have committed atrocities in Darfur 
by creating a separate court in Arusha, Tanzania - even though such 
ad hoc tribunals are slow to organize and costly to run. We don't 
want to be in a situation where we see the question of African 
justice being exported, or outsourced, to The Hague, Prosper said, 
in an obvious attempt to play the Southern Hemisphere against the 
northern. 

But African opinion is more complex than that. The reality is that 
the ICC has already won wide support among Africans and that people 
there are looking to it for help and hope. 

Today, 27 of the 98 countries that have signed the Treaty of Rome are 
from Africa. Four African countries have invited the court to 
investigate atrocities committed within their borders: Uganda, the 
Democratic Republic of Congo, the Central African Republic and Ivory 
Coast. Each is looking to the court for assistance where its own 
legal system has failed or fallen short. 

As the first permanent criminal court with potentially worldwide 
jurisdiction, the ICC is designed to deter future Pol Pots and 
Pinochets. The year 2005 will be crucial in the ICC's early history. 
Its first two investigations, one in Uganda and one in Congo, are 
moving forward. Despite U.S. opposition, there is strong support in 
the U.N. Security Council for referring the Darfur situation to the 
court as well. A vigorous discussion underway this week will 
determine that outcome. 

The court's first-ever round of indictments may soon be made in 
Uganda against key leaders of the Lord's Resistance Army, which has 
waged a war against the government by targeting civilians in the 
north. More than 20,000 children have been abducted and about 1.6 
million people have been displaced. Tens of thousands more have been 
killed or wounded. 

Already, the ICC's investigation has brought greater pressure on both 
sides to end the conflict there and has concentrated international 
attention on the abuses. If indictments do come and senior leaders of 
the Lord's Resistance Army are prosecuted at the ICC, that will not 
keep other perpetrators from being tried in traditional courts, nor 
will it impede the work of reconciliation mechanisms like truth 
commissions. 

The Bush administration strongly opposes the ICC apparently because 
of concerns that the court might engage in political show trials 
against American soldiers and citizens. These fears are misplaced: 
Only countries whose legal systems cannot or will not adjudicate 
cases involving genocide, war crimes or crimes against humanity are 
within the reach of the court. 

Manipulation of the kind feared by some U.S. officials is virtually 
impossible. A sound system of checks and balances keeps the ICC's 
procedures from being abused. The prosecutor, for instance, must 
obtain permission from a pretrial chamber of judges before he can 
initiate investigations or serve indictments. States can appeal these 
decisions if they believe their own courts have adjudicated matters 
properly. Because the United States has a functioning criminal 
justice system capable of addressing allegations of gross abuse, U.S. 
citizens have nothing to fear from the International Criminal Court. 
Dictators, corrupt armies and armed groups in failing states do. 

The ICC and a robust system of international criminal justice will 
disrupt the culture of impunity that often protects architects

[Biofuel] U.S. Obstructs Global Justice

2005-04-02 Thread Keith Addison



U.S. Obstructs Global Justice

By Jonathan F. Fanton

http://www.latimes.com/news/opinion/commentary/la-oe-fanton29mar29,0,4 
400554,print.story


03/29/05 Los Angeles Times - - When a United Nations commission of 
inquiry recommended this year that gross human rights abuses in 
Darfur be referred to the new International Criminal Court, 
Pierre-Richard Prosper, the U.S. ambassador at large for war crimes 
issues, made headlines by rejecting the idea. We don't want to be 
party to legitimizing the ICC, he said. 

But why not? Ninety-eight nations have signed the Rome Treaty, which 
created the court that the United States now opposes. President 
Clinton signed the treaty too, in the final days of his term, but the 
Bush administration quickly said it had no intention of seeking 
ratification. 

The ICC, which is already up and running in The Hague, has 
jurisdiction over crimes of genocide, crimes against humanity and war 
crimes committed after July 1, 2002, if and when the justice system 
of a signatory country is unwilling or unable to act. What's going on 
in Darfur seems exactly suited for the court, but the U.S. has said 
it would rather pursue those who have committed atrocities in Darfur 
by creating a separate court in Arusha, Tanzania - even though such 
ad hoc tribunals are slow to organize and costly to run. We don't 
want to be in a situation where we see the question of African 
justice being exported, or outsourced, to The Hague, Prosper said, 
in an obvious attempt to play the Southern Hemisphere against the 
northern. 

But African opinion is more complex than that. The reality is that 
the ICC has already won wide support among Africans and that people 
there are looking to it for help and hope. 

Today, 27 of the 98 countries that have signed the Treaty of Rome are 
from Africa. Four African countries have invited the court to 
investigate atrocities committed within their borders: Uganda, the 
Democratic Republic of Congo, the Central African Republic and Ivory 
Coast. Each is looking to the court for assistance where its own 
legal system has failed or fallen short. 

As the first permanent criminal court with potentially worldwide 
jurisdiction, the ICC is designed to deter future Pol Pots and 
Pinochets. The year 2005 will be crucial in the ICC's early history. 
Its first two investigations, one in Uganda and one in Congo, are 
moving forward. Despite U.S. opposition, there is strong support in 
the U.N. Security Council for referring the Darfur situation to the 
court as well. A vigorous discussion underway this week will 
determine that outcome. 

The court's first-ever round of indictments may soon be made in 
Uganda against key leaders of the Lord's Resistance Army, which has 
waged a war against the government by targeting civilians in the 
north. More than 20,000 children have been abducted and about 1.6 
million people have been displaced. Tens of thousands more have been 
killed or wounded. 

Already, the ICC's investigation has brought greater pressure on both 
sides to end the conflict there and has concentrated international 
attention on the abuses. If indictments do come and senior leaders of 
the Lord's Resistance Army are prosecuted at the ICC, that will not 
keep other perpetrators from being tried in traditional courts, nor 
will it impede the work of reconciliation mechanisms like truth 
commissions. 

The Bush administration strongly opposes the ICC apparently because 
of concerns that the court might engage in political show trials 
against American soldiers and citizens. These fears are misplaced: 
Only countries whose legal systems cannot or will not adjudicate 
cases involving genocide, war crimes or crimes against humanity are 
within the reach of the court. 

Manipulation of the kind feared by some U.S. officials is virtually 
impossible. A sound system of checks and balances keeps the ICC's 
procedures from being abused. The prosecutor, for instance, must 
obtain permission from a pretrial chamber of judges before he can 
initiate investigations or serve indictments. States can appeal these 
decisions if they believe their own courts have adjudicated matters 
properly. Because the United States has a functioning criminal 
justice system capable of addressing allegations of gross abuse, U.S. 
citizens have nothing to fear from the International Criminal Court. 
Dictators, corrupt armies and armed groups in failing states do. 

The ICC and a robust system of international criminal justice will 
disrupt the culture of impunity that often protects architects of 
massive human rights violations and will deter others from committing 
these crimes. 

For most of its history, the United States was in the vanguard of 
setting democratic and humanitarian norms. People I spoke with during 
a recent trip to Nigeria took heart when I cited a national poll 
conducted by the Chicago Council on Foreign Affairs: 69% of Americans 
support the ICC. The Bush administration