Candidates weigh in on International Criminal Court
Wednesday, January 2nd, 2008What a way to spark off the New Year not only with a nice piece on the International Criminal Court, but a nice piece about the ICC and the presidential candidates! And all this the day before the Iowa caucus. Was I a good boy last year, or what?
So, it seems the San Francisco Chronicle petitioned the presidential candidates on both sides of the aisle about their perceptions of U.S. membership into the court. Some background; Bush has been largely opposed to the ICC, citing concerns over sovereignty and the murky murky waters of bilateral arrangements. There is the one glaring exception with the referral of the Sudanese case to the ICC by the U.N. Security Council, but that was more of a U.N. measure and less so an ICC one, so I’ll give W a “by” on that one.
Sens. McCain, Clinton and Obama took the soft “wait and see” approach, saying they would embrace the court if there were more provisions protection U.S. personnel. But, things get sticky when we consider the “Hague Invasion Act” that allows military intervention to free would-be U.S. prisoners from the Hague. In that one, the hawks Clinton and McCain jumped on board (military invasion good) and so did Mr. Hair Cut himself, John Edwards, but Biden, Kucinich and Dodd opposed the measure, to no great surprise.
Now, some see this as something of a sign of the times. Is the U.S. going down the multi-lateral route that would suggest the once High And Mighty United States is in the same league with, god forbid, the French? Or do we all jump on the Ron Paul magic carpet ride with this little gem; “America must either remain a constitutional republic or submit to international law because it cannot do both.” (the Supreme Court ruled in the Paquete Habana case that “international law is part of our law” – good job DOCTOR Paul. Heidi Klum would “out” you for that, ya know!)
It seems this is one of those contentious issues in international law. Yes, certainly there should be an independent forum to examine atrocities, but can we give it jurisdiction over the affairs of sovereign states? No, and I don’t think the ICC does that. One of the tenets of the court is that it requires either state permission or some other mandate to intervene in the affairs of state, as in the Sudanese case. I think the U.S. is afraid that incidents such as Abu Ghraib et al will land the Marines and Co. in prison as show-trials at the international court. With the albeit jaded trials at Camp Pendleton and so on, it seems the candidates should take a page out of the Clinton (and I mean Bill) playbook and play nice with the international community to re-build the American legacy that ol’ W seems to have forgotten.
With memorials and various observations making headlines today, I will break with protocol and comment some of the legal ramifications of the war on terror. In response to the attacks against the Pentagon, the World Trade Center, and the failed attack that crashed in Pennsylvania, the Bush administration launched the “war on terror”; a military response targeting terrorist organizations - notably al-Qa’ida. On September 18, 2001, the U.S. enacted Senate Joint Resolution 23: Authorization for Use of Military Force (AUMF). This stated that;
Regarding the war in Iraq, the U.S. military has prosecuted more than 200 cases against its own personnel for crimes against humanity and the violations of the laws of war, including murder, rape, and kidnapping. Christian conservative groups, in coordination with some veterans associations, have established a grass-roots funding campaign to defend the accused and voice their support. Some of the donations include letters stating that “the bible says” Iraq will always be at war and that “the military’s work is God’s work.”
An Australian coroner has been told by an Australian inquiry to refer two individuals for war crimes prosecution for the murder of five Australian journalists during the invasion of East Timor in 1975.
The Nuremburg Defense
At 4:40 pm on April 26th, 1937, the most advanced aircraft from Adolf Hitler’s “Condor Legion” approached the Basque town of Guernica.
targets.
Memorials will be held today in California, Massachusetts, and Michigan marking the anniversary of the Armenian genocides that began in the Turkish Ottoman empire on this day in 1915.
Members of the Armenian elite were rounded up and executed on April 24th, 1915 at the behest of the Ottoman government.
On August 12th, 2001, 14 policemen in Macedonia destroyed several homes with hand grenades, fire, and shelling in retaliation for eight soldiers killed by a land mine.
Abu Zubaydah has denied a connection with al Qa’ida and Usamma bin Laden during a Combatant Status Review Tribunal (CSRT) at Guantanamo Bay.

The Iranians released several taped testimonials by British sailors with various degrees of apologies and statements of treatment.
So, where do we look in international law?