FreeRepublic , LLC
PO BOX 9771
FRESNO, CA 93794
STOP BY AND BUMP THE FUNDRAISER THREAD
OUT!! DONATE TODAY
SUPPORT FREE REPUBLIC
FreeRepublic , LLC
PO BOX 9771
FRESNO, CA 93794
Posted on 09/30/2002 8:51:43 AM PDT by TomGuy
BRUSSELS, Belgium (AP) - Defusing a trans-Atlantic spat, the European Union agreed Monday to spare American citizens the fate of standing trial on war crimes charges in the newly created International Criminal Court. The EU foreign ministers reached a deal among themselves effectively preventing them from extraditing U.S. soldiers or government officials to the ICC as long as Washington guarantees any Americans suspected of war crimes will be tried in the United States.
The Bush administration has asked for such a blanket exemption, fearing Americans would face cavalier, politically motivated trials stemming from peacekeeping or other military operations in areas of war or crisis.
Danish Foreign Minister Per Stig Moeller, chairman of the foreign ministers meeting, said existing extradition agreements and principles will be strictly applied, foregoing the need of new bilateral accords with Washington.
"There is no concession," he said, referring to accusations from human rights groups that the Europeans were caving in to U.S. pressure. "There is no undermining of the International Criminal Court."
The EU said there will be no exemption from prosecution for mercenaries - free-lance soldiers who are not on a government-mandated peacekeeping or war mission but seek out a conflict or crisis on their own, officials said.
The EU foreign ministers agreed to let countries sign bilateral accords with the United States exempting Americans from an ICC trial, if they wish. Britain and Italy have said they may do that.
Those that oppose bilateral accords - for fear of a backlash at home - will apply conditions that achieve the same goal.
For instance, soldiers stationed abroad are usually exempt from prosecution in the nation where they are based under existing accords. Also, officials said, EU nations will invoke diplomatic immunity agreements for U.S. civilians - such as politicians, defense department personnel or Central Intelligence Agency employees - to keep them out of the ICC.
The EU foreign ministers said they will not exempt their nationals from any trial in the ICC, the first permanent international tribunal to judge individuals for war crimes, which opened for business in The Hague, Netherlands, in July.
EU officials insisted the ICC's integrity and effectiveness have been preserved.
"This is very important because the Milosevices and Pinochets of tomorrow will be brought to justice," said German Foreign Minister Joschka Fischer, referring to former authoritarian leaders of Yugoslavia and Chile.
EU governments have been under pressure from human rights groups and the European Parliament not to give in to Washington.
AP-ES-09-30-02 1102EDT
US Hypocrisy on Those IKCs
You Guessed It:
International Kangaroo Courts
by GEORGE SZAMUELY
Going by the hysterical bluster emanating from Washington about the International Criminal Court (ICC) it would seem that upstanding American "peacekeepers" selflessly policing the world are about to be arrested on frivolous charges and hauled before a court presided over by assorted witch-doctors, unreconstructed Stalinists and Osama bin Laden acolytes...........Stephen J. Hadley deplored "the lack of adequate checks and balances on the powers of the ICC prosecutor and judges." The USA has learned by bitter experience that unaccountable prosecutors constitute a danger to the rights and welfare of its citizens........."
.....Earlier this year Congress passed the American Service Members' Protection Act. The legislation prohibits any U.S. government agency from cooperating with the ICC. It demands that "each resolution of the [U.N.] Security Council authorizing any peacekeeping operationa"permanently exempts" members of the Armed Forces of the United States participating in such operation from criminal prosecution." No U.S. military assistance was to be "provided to the government of a country that is a party to the" ICC. In addition, the president was "authorized to use all means necessary and appropriate to bring about the release of any [U.S. or allied persons]" being detained or imprisoned by, on behalf of, or at the request of the" ICC.
....The act starts off solemnly declaring that "it is a fundamental principle of international law that a treaty is binding upon its parties only and that it does not create obligations for nonparties without their consent to be bound. The United States is not a party to the Rome Statute and will not be bound by any of its terms." That is indeed the very basis international law. Shame then that the United States has so little respect for it! In 1993, the Clinton administration pushed the U.N. Security Council to establish the International Criminal Tribunal for the former Yugoslavia (ICTY). The countries that were to be subjected to this court's jurisdiction had no say in its establishment and had never given their consent. Yet they were ordered to cooperate on pain of sanctions, and worse. To this day, the United States punishes Yugoslavia for insufficient zeal in cooperating with the tribunal.
On May 27, President Bush signed an order continuing a state of national emergency with regard to Yugoslavia: "Because the crisis with respect to the situation in Kosovo and with respect to Slobodan Milosevic, his close associates and supporters and persons under open indictment for war crimes by the ICTY has not been resolved," the president declared, there existed an "unusual and extraordinary threat to the national security, foreign policy, and economy of the United States." Bush ordered that all property of the Yugoslav government in the U.S. continue to be blocked and that "trade and other transactions" with the Federal Republic of Yugoslavia be prohibited. This, a year after the abduction and handover of Slobodan Milosevic to the Hague tribunal!
The Hague tribunal served as the prototype for the ICC and it possesses all the features that Americans are today complaining about: The prosecutor is out of control. Prosecutor and court are one and the same. Appellate court and trial court are also one and the same. The court is answerable to no one. There is no jury. Prosecutors may appeal an acquittal and insist on continued detention of a defendant. Yet, the service members' protection act insists that the work of the Hague tribunal continue undisturbed: "Nothing in this title shall prohibit the United States from rendering assistance to international efforts to bring to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden" and other foreign nationals accused of genocide, war crimes or crimes against humanity."
It is hardly surprising that the U.S. is so fond of the ICTY. Here is a court financed by the U.S., assorted NATO governments, U.S. corporations and, of course, the ubiquitous George Soros. Its personnel come largely from the U.S. Justice Department. The presiding judge in the Milosevic trial, Richard May, is British and a prominent figure in the Labor party whose leader, Tony Blair, played a major role in the 1999 war against Yugoslavia. The prosecutor, Geoffrey Nice, is also British. Here then is justice, NATO style--what the strong mete out to the weak.
Well, at least the article supplied me with a good morning laugh.
The Kosovo/Slobo situation currently presents an extraordinary threat to U.S. national security and our economy? How, exactly, Mr. Prez? For some reason, you weren't specific in your assertions.
Perhaps the President had a dream; a dream pregnant with mystical symbols. In this dream he saw a proud, imperial elephant go to the Balkans and stamp upon the prostrate body of a Serb. Then the dreaming President witnesses the proud, imperial elephant slowly and painfully keel over and expire. Its tusks and bones dry in the sun along with the tusks and bones of other, long dead, Imperial Elephants......
Actually, our President probably just signed the paper his secretary shoved under his pen. A Superpower can't waste too much of its valuable time checking documents for rational content........
I think it bears repeating...when does the trial for Saddam start? Lessee, we have 1) human rights atrocities against own people as well as neighbors, and 2) no mechanism inside country to prosecute such acts...exactly the requirements needed for the ICC to get down to business.
So when do they start? (rhetorical question, I know...)
As if they had a choice. PHWUT! on the EUN.
How about Yasser's trial? When does that start?
What was that you were claiming about Bush and the ICC?!
That it is still in force I think. Looks like it is. Looks like the Bush administration is as hypocritical as it gets. Prosecute everyone else but us.
"That it is still in force I think. Looks like it is. Looks like the Bush administration is as hypocritical as it gets. Prosecute everyone else but us."
No, I'm pretty sure that you were claiming that Bush didn't pull the U.S. out of the ICC.
Moreover, it is HARDLY hypocritical to convince other nations that we want no Americans prosecuted by a court of which we deliberately withdrew from in the first place.
You're still grasping at straws, I see, though. Pity.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.