Saturday, June 26, 2004
Backgrounder on the International Criminal Court
Several people wrote in telling me that the US decision to acquiesce to the International Criminal Court was really no big deal--the court would not have authority to try US servicepeople anyway.
Here's the most useful of the emails, from a Canadian educator who asked that it not be attributed to him:
Thanks to all who wrote in. I hadn't been following the International Criminal Court issue very closely over the years (obviously). I was just happy that my government wasn't playing ball with every bright idea coming out of Geneva and the Hague. Of course, the moonbats who are still trying to call for prosecution of Henry Kissinger for war crimes make a certain skepticism about the internationalist judgement all the more palatable.
I'm not too worried about "the image of the US abroad" on this issue. I think it's time the UN started worrying about their own image in the US, since in many cases, it's the US who can make or break efforts on the part of the UN. And right now, the UN's image isn't all that great with me, and a lot of people like me.
Here's the most useful of the emails, from a Canadian educator who asked that it not be attributed to him:
The ICC isn't really sponsored by the UN--rather, it came about through international treaty, with democratic states being the prime movers and the chief architects of the ICC statutes. The UN Security Council (but not the General Assembly) can request the ICC prosecutor to initiate investigations (the prosecutor can also do this on their own where they have jurisdiction), or require the court to suspend a prosecution. As one of the P5 UNSC members, of course, the US has a veto over any such UNSC resolution. Cuba and Sudan, on the other hand, have absolutely no influence or input at all, unless they happen to be temporarily on the UNSC (and even then, very little).
Second, the Court only has jurisdiction where there is no competent national court, or where the local court refuses to act despite clear evidence of a war crime. As you note, "The United States' system of law, including the UCMJ, is fully capable of trying and restraining our own soldiers, and represents the fruits of centuries of legal thought, guided by the rigorous application of case law and enlightened by the values of a democratic republic." Consequently, the ICC would not have jurisdiction over cases involving US servicemen and women for precisely that reason.
The supposed threat to US personnel on peacekeeping missions has been vastly exaggerated by some US commentators. Ccertainly, Canada, or the UK, or other countries with major peacekeeping or other deployments abroad don't see it as a problem. The only current ICC investigations involve places like the Congo, and perhaps the Sudan if the Security Council is willing to request an investigation (Sudan--like the US, Cuba, Libya, and a few others--has not ratified the treaty). If the UNSC fails to act on the current situation of Darfur, therefore, it will be a US/UK/France/Russia/China P5 failure, not an ICC or UN failure.
Moreover, I'm not sure that Americans realize the extent to which US opposition to the ICC has done damage to the image of the US abroad. I find it very frequently raised by my students, Canadian and international alike.
Thanks to all who wrote in. I hadn't been following the International Criminal Court issue very closely over the years (obviously). I was just happy that my government wasn't playing ball with every bright idea coming out of Geneva and the Hague. Of course, the moonbats who are still trying to call for prosecution of Henry Kissinger for war crimes make a certain skepticism about the internationalist judgement all the more palatable.
I'm not too worried about "the image of the US abroad" on this issue. I think it's time the UN started worrying about their own image in the US, since in many cases, it's the US who can make or break efforts on the part of the UN. And right now, the UN's image isn't all that great with me, and a lot of people like me.
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