The ICTY that is trying Milosevic and Haradinaj has a very narrow and limited jurisdiction--geographically to the boundaries of the former Yugoslavia, in time to the beginning of the recent Balkan Wars 15 years ago, in type of crime to crimes against humanity and further, the ICTY has oversight from the UN Security Council.
The International Criminal Court (ICC) has jurisdiction everywhere over everybody for a long laundry list of crimes, many of which (e.g. "Aggression") are so generally defined as to enable anyone with an ax to grind to grind it there. The ICC is self-regulating--they hear their own appeals, interpret their own law, they have no oversight by any other body, to include the UN.
I suppose we only break rules, not follow them
What rules did we break? Joining the ICC involves signing and ratifying a treaty. We have not done so. Your suggestion that we "break rules" by not following treaties we have not agreed to is without merit.
1. ICC statute was writen by using ICTY statute as a starting point. ICTY wrote it's own statute, as you would say " self-regulating--they hear their own appeals, interpret their own law, they have no oversight by any other body, to include the UN."
Both ICTY and ICC would be outright illegal in U.S. Double jeopardy. secret indictments, secret witnesses, changing of court procedures during the process, use of court clerks as witnesses, deals with terriorists to commit pewrjury on behalf of prosecution, frivolous persecution, relying on fabricated documents and hearsay, and so on until you vomit.
>>>>The ICTY that is trying Milosevic and Haradinaj has a very narrow and limited jurisdiction--geographically to the boundaries of the former Yugoslavia, in time to the beginning of the recent Balkan Wars 15 years ago, in type of crime to crimes against humanity <<<<<< and further,
ICTY does not prosecute all violations of law and crimes against humanity. Namely, U.S. involvement in Operation Storm 1995 that culminated in the largest ethnic cleansing of 1990s civil wars, NATO bombing of civilian targets with DU, and war crimes during NATO aggression on Yugoslavia. All these crimes have occured 'geographically to the boundaries of the former Yugoslavia' since January 1990.
the ICTY has oversight from the UN Security Council.
UN Security Council is not Judical Arm of UN and therefore does not have the power to create judicary auxiliary organ (i.e to delegate non-existing power to auxiliary organ)
It was an oversight when ICTY was hastilly created for POLITICAL, NOT JUDICAL PURPOSE. (see UNSEC resolution on creation of ICTY - to stop alleged 'Serbian aggression' not to prosecute crimes.
>>>>The International Criminal Court (ICC) has jurisdiction everywhere over everybody for a long laundry list of crimes, many of which (e.g. "Aggression") are so generally defined as to enable anyone with an ax to grind to grind it there. The ICC is self-regulating--they hear their own appeals, interpret their own law, they have no oversight by any other body, to include the UN.<<<<
It does not. Five nuclear countries are out - US, Russia, China, Pakistan, India.
ICTY shows why W was right to pull out of ICC, because ICTY/ICC is not jurisprudence, it is travesty of Justice, like Hitler's People courts or Stalin's Moscow trials.