 |
Sun Mar 21 2010
|
|
|
Departments International Issues
The Hague's International Criminal Court will not put Bush on trial
by Richard S. Ehrlich
May 10, 2009
BANGKOK, Thailand -- The International Criminal Court (ICC) in the Hague, Netherlands, expects U.S. President Barack Obama to allow it to put Americans on trial, but not prosecute former President George W. Bush or his officials for alleged torture or other war crimes.
During ICC President Sang-Huyun Song's visit to New York and Washington, starting on May 18, America's possible membership in the ICC will be discussed with Mr. Obama's top officials and others.
"These people, even during the Bush administration, expressed their support and their understanding about the ICC, and now all the more so with the advent of the Obama administration," Washington may decide to join, the ICC president said in an interview.
During his stopover in Bangkok on Monday (April 27), Mr. Song named several top U.S. officials he hoped to meet in America.
"Harold Koh is one, who [if confirmed] will be the top legal adviser of the State Department. And Ambassador Susan Rice, the U.S. Permanent Representative to the United Nations. I will meet them."
Former President Bill Clinton, during his administration, signed preliminary documents to join the ICC which prosecutes "genocide, crimes against humanity and war crimes," but Mr. Bush quickly "unsigned" the papers when he became president, Mr. Song said.
"Out of fear of a politically motivated investigation and prosecution, President Bush in particular was very critical of the ICC," which is a permanent court set up six years ago.
"That is a groundless fear from the beginning. We never touch upon a politically motivated decision."
Song was also told: "'The ICC has 18 judges who cannot be accounted for, they are not even elected officials, and what if our soldiers around the world are brought to the ICC every day, how could we, the U.S., cope with this situation?' This is what President Bush said. That is a very wrong understanding.
"All these cases, of little soldiers, are small fish stationed around the world. It has nothing to do with the ICC's investigation or prosecution.
"We don't deal with the small fish. We deal only with the top, top person. So, from the beginning, all these small fish are beyond our legal consideration."
If Mr. Obama's administration ratifies the Rome Statute which governs the ICC, any possible trials against Americans would probably only involve allegations of crimes committed from that date forward.
"Suppose the U.S. joined today, then all the crimes allegedly committed [by Americans] before this day, are not going to come under our jurisdiction."
As a result, torture and other acts covered by the ICC -- and allegedly committed or authorized by Americans before 2009 in Iraq, Guantanamo Bay, America's Airbase in Bagram, Afghanistan, or at so-called secret prisons in foreign countries such as Thailand -- would probably not be prosecuted by the ICC.
"In principal, it is not possible," because there is no "retro-activity" for crimes committed before a country ratifies the ICC's agreement, "unless your country would declare acceptance of jurisdiction even for all the past atrocities or ICC crimes," Mr. Song said.
"Your government has to clearly declare: 'We will accept ICC jurisdiction for all the crimes committed from day one, many years ago.'
"One country did it. The Ivory Coast."
The ICC's definition of torture, and similar legal terms, are copied from the Geneva Conventions.
"Our judge from Uganda was just at West Point Military Academy, which has opened its center for international law, and their opening session was about, 'What would the legal implications of U.S. accession to the Rome Statute be?'" said ICC Chief of Cabinet, Lousewies van der Laan, in an interview.
"It is a fascinating legal question, even more fascinating when top military brass lawyers are actually discussing that," she said.
"There are actually quite a number of [American] military people who think that the U.S. resistance to the Rome Statute creates the impression that they have something to hide."
---
Richard S Ehrlich is a Bangkok-based journalist who has reported news from Asia since 1978. He is co-author of "Hello My Big Big Honey!", a non-fiction book of investigative journalism, and his web page is http://www.asia-correspondent.110mb.com
Email this article to a friend
|
|
 | |
Don't forget to check out articles from 2009 and 2010International Issues
"On Gaza drivers, rumors and Egypt’s steel wall" December 31, 2009 Ramzy Baroud
"It's the system, stupid: The Ragnarok of globalized corporate capitalism and the rise of the planetarian paradigm " December 30, 2009 James Heddle
"Palestine/Israel: A single state, with liberty and justice for all" December 30, 2009 Susan Abulhawa with Ramzy Baroud
"Obama's rejection speech" December 11, 2009 David Swanson
"Peace movement objects to Peace Prize" December 10, 2009 Michael McPhearson and Josh Brollier
"Afghanistan: What Obama and the US Media Aren't Telling Us" December 4, 2009 Evan Davis
"Columbus Free Press editors Bob Fitrakis and Harvey Wasserman speak out against sending more US troops to Afghanistan" December 2, 2009 Tom Over
"Afghanistan: Our 177th Colony" December 1, 2009 David Swanson
"The Meaning Of The Gift-Giving Season, According To Rev. Billy Of The Church Of Life After Shopping" November 28, 2009 Tom Over
"A paradigm shift in Singapore: yet Apec offers no clear answers" November 25, 2009 Ramzy Baroud
"Dissidents make noise -- oops, news " November 24, 2009 Saul Landau
"Thai military wants U.S. satellites to hunt Islamist rebels" November 20, 2009 Richard S. Ehrlich
"Globalization unchecked: How alien media is suffocating real culture" November 18, 2009 Ramzy Baroud
"Death to no one" November 15, 2009 Bitta Mostofi
"America won't lift sanctions unless Suu Kyi is freed for election" November 15, 2009 Richard S. Ehrlich
"Admiral Mullen announces Afghanistan strategy: prepare to nonviolently resist" November 15, 2009 Jeff Leys, Co-Coordinator of Voices for Creative Nonviolence
"America Appeals to Extradite Russia's Alleged "Merchant of Death"" October 23, 2009 Richard S. Ehrlich
"War, negation and Muslim identity revisited " October 22, 2009 Ramzy Baroud
"Obama’s test: democracy or chaos in Latin America" October 12, 2009 Ramzy Baroud
"The G-20 Announces the New World Order" October 1, 2009 Michael Collins
"Crucial questions on Afghanistan war" September 2, 2009 Free Press Editorial
"The scapegoat's apology" August 28, 2009 Robert C. Koehler
"Fighting for the right to walk" August 27, 2009 Ramzy Baroud
"The heart of the future" July 18, 2009 Robert C. Koehler
"Italy to declare independence from US military" July 8, 2009 David Swanson
"Israel attacks justice boat: kidnaps human rights workers, confiscates medicine, toys and olive trees" June 30, 2009 Greta Berlin
"North Korea: "sanity" at the brink" June 27, 2009 Michael Parenti
"A boy and an artificial leg: a Gaza story" June 11, 2009 Ramzy Baroud
"Is anyone speechless?" June 8, 2009 Iqbal Jassat
"Burma's Aung San Suu Kyi is on trial because an American had "A Vision" " June 1, 2009 Richard S. Ehrlich
"Support U.N. Economic Crisis World Conference " May 22, 2009 Ramsey Clark, winner of the 2008 U.N. Human Rights Award
"Gaza disowned: the Pope, Israel and "reconciliation" " May 20, 2009 Ramzy Baroud
"Applying the lessons of Nuremburg to the USA in 2009 " May 19, 2009 Paul Lehto, Juris Doctor
"Vets Speak Out! Interview with Rick Reyes" May 17, 2009 Joan Brunwasser, OpEdNews
"Goliath's vulnerability is the truth" May 16, 2009 Robert C. Koehler
"Harvest of suicides" May 11, 2009 Vandana Shiva
"The Hague's International Criminal Court will not put Bush on trial " May 10, 2009 Richard S. Ehrlich
"War without context: Fatah, Hamas and flawed language" May 8, 2009 Ramzy Baroud
"CAIR's humanitarian mission to Iran " May 6, 2009 Mahmoud El-Yousseph
"Sixth Nobel Nomination for Leonard Peltier" May 5, 2009 Leonard Peltier Defense Offense Committee
"The international criminal court and a rogue empire" April 27, 2009 David Swanson
"Wall of fear" April 25, 2009 Robert C. Koehler
"The big strike" April 25, 2009 Dick Meister
"Somali piracy or Somali patriotism? " April 20, 2009 Steven R. Linnabary
"Israel investigated, but will it repent?" April 10, 2009 Ramzy Baroud
"Intifada: A third chapter" March 21, 2009 Ramzy Baroud
"American protester critically injured by soldiers in Ni'ilin" March 16, 2009 AATW
"Engaging Hamas: Will history repeat itself?" February 28, 2009 Ramzy Baroud
"A new Afghanistan nightmare" February 23, 2009 Ramzy Baroud
"A new Afghanistan nightmare" February 21, 2009 Ramzy Baroud
"Under siege again, but Gaza will not die" February 12, 2009 Ann Wright, AfterDowningStreet
"The moral dead zone" January 20, 2009 Robert C. Koehler
"Children of Gaza, run to the angels" January 12, 2009 Suzanne Baroud
"Let Gaza live" January 12, 2009 Cynthia McKinney
"Gaza: Plan of Attack" January 1, 2009 Jim Miles
Read Articles by Year: 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000

All content © 1970-2010 The Columbus Free Press Disclaimer |