Saturday, June 26, 2004
Objection to the ICC
From a reader:
On the whole, I agree with this reader, though I'm not sure that this court is,itself, currently claiming jurisdiction over us.
But we already know that the court is already being used as an ideological weapon against the U.S. and U.K., and lawyers are already laying the groundwork for the erosion of limits on the Court's jurisdiction.
Splash, out
Jason
I strongly disagree with the Canadian schoolteacher on the likelihood of
the ICC going after US military personnel, and the article you posted by
Juan Cole provides an illustrative example of why:
"I don't mean to be a killjoy, but for an Occupying Power to drop bombs
on residential neighborhoods is a war crime."
Now, what is the likelihood that a large number of foreigners would
agree with him? Further, what is the likelihood that the commander will
stand trial (or even be subject to an Article 32b investigation) under
the UCMJ?
What do you have? A case "where the local court refuses to act despite
clear evidence of a war crime." Instant jurisdiction. Ultimately, the
limits of the courts power are only bound by its ability to define what
constitutes a "war crime." That doesn't exactly fill me with
confidence.
What's truly irritating to me is that this court claims jurisdiction
over us, despite our not having formally ratified the treaty which
creates it. I consider it an affront to our principles of
self-government.
On the whole, I agree with this reader, though I'm not sure that this court is,itself, currently claiming jurisdiction over us.
But we already know that the court is already being used as an ideological weapon against the U.S. and U.K., and lawyers are already laying the groundwork for the erosion of limits on the Court's jurisdiction.
Splash, out
Jason
Comments:
How quickly they forget: wasn't it ony last year that the Belgian government had to backtrack - twice - on the Court's accepting a "war crime" case against Rummy?
John Anderson
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John Anderson
# posted by 
: 11:58 AM
: 11:58 AM
