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Ilse
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Posted - June 11 2002 :  6:36:46 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
Now, the truth is this; this Act has floated about for a long time with revision upon revision upon revision. Of course the EU knew about it. Why the hysteria now? Well, as you say, The soup is never eaten as hot as it is served.
Since there is anger over the US' rejection of the ICC Treaty, and since there were still countries needed to ratify, do you think this was a bit of a drama to show how 'aggressive & threatening' the US would be to ICC nations? Consider the name we've all been using ... The Hague Invasion Act. That was coined by Europeans angry over US resistance to the ICC. The bill is called The American Servicemen's Act. In many ways, the bill's primary intent is to protect individuals, who will now be at greater risk for indictment.



I don't know, according to my news sources enough countries ratified before this thing "exploded", and the ICC is planned to go ahead as scheduled. I am wondering if this is the culmination of frustration with the US pulling out of Kyoto, and a very diverse range of international treaties and attempts at treaties, lately. The same dynamics that ousted the US from the UN Human Rights Commission, I think it was? Personally, I am not much in favour of mixing up several issues like that to produce such an outcome, to put it mildly. I balk at the idea that now Syria sits there instead of the US. Many criticisms can be made at US foreign policies, but the muddling of all these seperate issues to somehow serve someone's resentment is serving no goal at all. But I'm straying.

Michael Scharf, yes! Please do. I simply transferred his remarks to this place, because they countered yours, grin :) Good for discussion. I have some facts to check on that too. Looking forward to your argument.
quote:
quote:
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But I am VERY sorry for tripping over myself & trying to declare rouns seven whilst you slept!
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Said Lainey with a lisp. I'm not even going to edit that! I rather like the impression of drunkeness it has.



Drunkeness??? That's not in my dictionary????

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Scott Bubar
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Posted - June 11 2002 :  10:11:18 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
I'm not so sure we should mount up to rescue Ilse just yet.

If I recall correctly, the bill covers allies (or others) who are working with, or as agents of, U.S. military forces. I don't think it covers someone just because they're a citizen of a allied nation.

In fact, I don't think it covers U.S. civilians unless they're working with or for the military. But I could be wrong.

I believe Lainey is correct when she suggests part of the reason for the bill was to send a message. The bill has been around for a long time, and was originally proposed when ratification was still a long way off. Opponents of the ICC felt their concerns were being ignored by the allies, who seemed to think the U.S. would "come around". In the words of one commentator, the act was intended to "rock the allies back on their heels" and consider what they were doing. Unfortunately, it's too late for that.

With regard to the status of the bill, I rather thought the House had already passed it.

~~Aim small, miss small.
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Lainey
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Posted - June 11 2002 :  10:55:35 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
Scott said:
" I'm not so sure we should mount up to rescue Ilse just yet."

Sigh ... but I thought I bumped her up to an "official peacekeeping" duty, in which case, you'll have to ride.

"If I recall correctly, the bill covers allies (or others) who are working with, or as agents of, U.S. military forces. I don't think it covers someone just because they're a citizen of a allied nation."

That's right, Scott. It isn't protection for allied citizens per se as the aim is to protect military personnel (including peacekeeping or humanitarian missions undertaken in cooperation with the US) who, theoretically, are at risk while carrying out orders.

"In fact, I don't think it covers U.S. civilians unless they're working with or for the military. But I could be wrong."

Right. The ICC's statute covers War Crimes, Aggression (another vague area), & Genocide. All are related to military actions, whether by official sanction or militants. I wonder how this could effect embassy workers who undertake actions seen as disagreeable by the ICC?

"I believe Lainey is correct when she suggests part of the reason for the bill was to send a message. The bill has been around for a long time, and was originally proposed when ratification was still a long way off. Opponents of the ICC felt their concerns were being ignored by the allies, who seemed to think the U.S. would "come around". In the words of one commentator, the act was intended to "rock the allies back on their heels" and consider what they were doing. Unfortunately, it's too late for that."

Thanks for entering this discussion, Scott. I think the situation regarding the ICC & The ASPA is enormously important & I'm interested in hearing other opinions on it. I will assume you support the US' decision to not participate in the ICC?

"With regard to the status of the bill, I rather thought the House had already passed it."

I should have said, "A bill must be debated, etc." This particular bill was passed by the House. I'm betting on its final approval.



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Lainey
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Posted - June 12 2002 :  09:36:43 AM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
quote:
I don't know, according to my news sources enough countries ratified before this thing "exploded", and the ICC is planned to go ahead as scheduled. I am wondering if this is the culmination of frustration with the US pulling out of Kyoto, and a very diverse range of international treaties and attempts at treaties, lately. The same dynamics that ousted the US from the UN Human Rights Commission, I think it was? Personally, I am not much in favour of mixing up several issues like that to produce such an outcome, to put it mildly. I balk at the idea that now Syria sits there instead of the US. Many criticisms can be made at US foreign policies, but the muddling of all these seperate issues to somehow serve someone's resentment is serving no goal at all. But I'm straying.




Greetings, TGAT Ilse!

Yes, but the bill was first drafted quite awhile back, before the necessary quota of countries had ratified. The sudden "explosion" has questionable timing since it isn't late breaking news. So, yes, I think it is based on anger, resentment, & a bit of a political smear tactic. The Kyoto Treaty is another topic we should take up at some point, but the dynamics you refer to are destructive. Not only do they not achieve any positive goals, but they further exacerbate the fragile relations between the US & Europe. The UN Human Rights Commission is a perfect example of why many really distrust that body & believe it is motivated more often by political agendas than by rational adherence to international law. Syria? Syria? Really, that was such an outrage.
And I too criticize much of our foreign policy, but when the UN votes AGAINST the US 90% of the time, it does reveal there is a strong anti-US bias within the UN. Thank you for bringing this pont up, Ilse, because it explains so much of the clash that is ongoing between the US, the EU, & the UN.

quote:
Michael Scharf, yes! Please do. I simply transferred his remarks to this place, because they countered yours, grin :) Good for discussion. I have some facts to check on that too. Looking forward to your argument.


Can I request a stay of execution, or at least a bit of time? I know Michael Scharf is incorrect, however, I haven't had a moment to look up some facts that are pertinent to this argument yet. Anything I say now would be completely off the cuff!
I would point out, though, that there are numerous organizations in the US who have been fervently working to pressure the administration to sign the ICC Treaty. I've read some of their arguments & seen the websites. I have to say there is quite a bit of misrepresentation & denial of fact. So ...... I'll be back on this!

quote:



Drunkeness??? That's not in my dictionary????


Well, put it in! Drunkeness ... yes, the state of being drunk. Or, more succinctly, SMASHED.

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Ilse
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Posted - June 12 2002 :  10:19:35 AM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
quote:
--------------------------------------------------------------------------------
Michael Scharf, yes! Please do. I simply transferred his remarks to this place, because they countered yours, grin :) Good for discussion. I have some facts to check on that too. Looking forward to your argument.
--------------------------------------------------------------------------------


Can I request a stay of execution, or at least a bit of time? I know Michael Scharf is incorrect, however, I haven't had a moment to look up some facts that are pertinent to this argument yet. Anything I say now would be completely off the cuff!
I would point out, though, that there are numerous organizations in the US who have been fervently working to pressure the administration to sign the ICC Treaty. I've read some of their arguments & seen the websites. I have to say there is quite a bit of misrepresentation & denial of fact. So ...... I'll be back on this!




No problem Elaine. While searching the 'net today, I realized I too have some/a lot of reading to do on the ICC Statute, it's history, etc. We can proceed when we have checked our facts yes?

Oh smashed! Hey, let's drink to my elevation

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Scott Bubar
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Posted - June 12 2002 :  6:15:02 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
quote:

I will assume you support the US' decision to not participate in the ICC?



A tribunal with a limited mission is one thing, but as a permanent institution with only limited checks, I think it is a bad idea. I believe it will inevitably try to expand it's scope to justify it's own existence, and has the potential to be a real stinker. The crimes of aggression issue hasn't even been touched yet (and I believe is scheduled for six or seven years from now).

I think of how many times I've heard folks on other boards suggest Churchill and Truman were war criminals, and that Kissinger should be tried as one.

I have to thank Ilse for bring this up. Although I knew this was out there floating around, I had no idea it had passed the Senate last week, and wouldn't have if she hadn't mentioned it. It's totally off our radar screens here.

I asked to of my co-workers if they knew of this act today. They're intelligent, well-educated (doctorates) and politically aware. I drew a total blank.

Thanks to you as well, Lainey, for laying out the issues so well. When Ilse first posted, I thought: "How nice of her to extend an invitation to take a stroll through a minefield."

Now I now where to look for a minefield guide.

~~Aim small, miss small.
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Lainey
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Posted - June 12 2002 :  10:03:43 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
quote:
I have to thank Ilse for bring this up. Although I knew this was out there floating around, I had no idea it had passed the Senate last week, and wouldn't have if she hadn't mentioned it. It's totally off our radar screens here.

I asked to of my co-workers if they knew of this act today. They're intelligent, well-educated (doctorates) and politically aware. I drew a total blank.

Thanks to you as well, Lainey, for laying out the issues so well. When Ilse first posted, I thought: "How nice of her to extend an invitation to take a stroll through a minefield."

Now I now where to look for a minefield guide.



At your service ...

I'm grateful to Ilse for this, as well. Who knew? Considering how important these issues are (and they really are!) it's really sad there has been nearly no coverage. Sad, but not unusual.



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Lainey
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Posted - June 12 2002 :  10:29:44 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
quote:
No problem Elaine. While searching the 'net today, I realized I too have some/a lot of reading to do on the ICC Statute, it's history, etc. We can proceed when we have checked our facts yes?

Oh smashed! Hey, let's drink to my elevation



Notice my tardiness? Perhaps I drank too long in your honor???

Yes, we'll do a fact finding mission first.



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Ilse
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Posted - June 13 2002 :  07:54:20 AM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
Thanks to you as well, Lainey, for laying out the issues so well. When Ilse first posted, I thought: "How nice of her to extend an invitation to take a stroll through a minefield."

Now I now where to look for a minefield guide



, Scott.

While I'm checking my facts, I thought you and Elaine might be interested in a related ongoing controversy. I'll give you two links on that:

Human Rights group supports Belgium's Universal Jurisdiction Law (November 2000):
http://www.hrw.org/press/2000/11/world-court.htm

Belgian War Crimes Law Backfires (August 2000):
http://www.rnw.nl/hotspots/html/belgium000825.html

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Lainey
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Posted - June 13 2002 :  09:28:33 AM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
Ilse,

{Grab your favorite sedative or stimulant, as preferred! I'm going to turn up the heat on these discussions ...}

Thanks for these links. The Belgian War Crimes Law is certainly pertinent to the discussion on the ICC.
One starts to wonder how many international courts are required to *prevent, deter, or punish* alleged war crimes and "aggressions."
The Nuremberg Court had a very specific, very defined scope of inquiry & binding authority on its conclusions & verdicts. I don't see that with the ICC. In fact, its mandate, despite claims to the contrary, remains vague & unresolved. Where might the Court take us in the future? Another consideration; since the Court's mandate does specify "genocide" & "human rights abuses," why not indict heads of states whose countries have legalized abortion, euthanasia, & the death penalty???? Popular support notwithstanding, I can make a case for each of these to be violations of human rights & genocide. (It is interesting to note that much of the medical "experiments" carried out by the SS doctors, particularly at Auschwitz, involved the development of techniques for these very things. Even the term 'euthanasia' is a Nazi legacy.)
Incidentally, Nuremberg had campaigned aggressively to be the host city of the ICC ... as you know, Nuremberg was chosen for the WWII court because it was "on site" of the crimes & it served to expose the Nazi leadership to the German people.
The backfiring effect of the Belgian court is quite interesting as it reveals the pandora's box that such international courts might be creating. An interesting point regarding the Belgian Court is that it has indicted Ariel Sharon for war crimes, stemming from his actions in southern Lebanon. Not one US media outlet has examined that issue, which is negligent in light of Israel's continuing aggression & subjugation of the Palestinian people.
The complexities of the Middle East situation will require a separate topic, of course, but it is nonetheless very much related to the concept of international war crime courts.

As an initial bite, I give you the BalFour Declaration of 1917, through which, Britian illicitly granted Palestinian territory to the Zionist Movement as a reward for Jewish aid against Turkey, who occupied Palestinian Territory at the time.
It's all relevant ultimately, to the issues of international law, courts, state creations, & nation building. Is this all complex or what????????






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Lainey
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Posted - June 13 2002 :  09:36:04 AM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
November 2nd, 1917

Dear Lord Rothschild,

I have much pleasure in conveying to you, on behalf of His Majesty's Government, the following declaration of sympathy with Jewish Zionist aspirations which has been submitted to, and approved by, the Cabinet.

"His Majesty's Government view with favour the establishment in Palestine of a national home for the Jewish people, and will use their best endeavours to facilitate the achievement of this object, it being clearly understood that nothing shall be done which may prejudice the civil and religious rights of existing non-Jewish communities in Palestine, or the rights and political status enjoyed by Jews in any other country."

I should be grateful if you would bring this declaration to the knowledge of the Zionist Federation.

Yours sincerely,

Arthur James Balfour


My first question to everyone is, what do you think happened to the Palestinian people who lived where the western powers decided would now be the State of Israel????

My second question is, would the ICC, the UN, the Belgian Court, the EU, or the US sit by & validate the same scenario were it to happen today, or would this be "crimes of aggression, genocide, or human rights abuses"???

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Ilse
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Posted - June 13 2002 :  5:25:56 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
Lainey:
quote:
{Grab your favorite sedative or stimulant, as preferred! I'm going to turn up the heat on these discussions ...}


Holy sh*t. Lainey gets into 6th gear, and Ilse is limping behind

quote:
Thanks for these links. The Belgian War Crimes Law is certainly pertinent to the discussion on the ICC.
One starts to wonder how many international courts are required to *prevent, deter, or punish* alleged war crimes and "aggressions."



Maybe one does, but I don't. I posted these links to underscore the need for one institute to do just that. I find the Belgians sense of universal responsibility quite charming, and propose they will from now on be called "Atlas". However, it doesn't work apparently. Why not? We'll have a multitude of international fake courts if this will be the trend.
This one institute, however hard it is to define it's mandate, is the ICC. Over the years all participants in this have made enormous compromises to satisfy the US. In the end the US does not participate, which is a choice to be respected. However, the US does not stop at that right now. Right now, it is involved in negotiations with over a 100 countries to agree to a bilateral agreement in which these countries promise not to extradite Americans to the ICC. Strangely enough the US justifies this action based on article 98.2 of the Roman Treaty.... that they don't participate in.

quote:
The backfiring effect of the Belgian court is quite interesting as it reveals the pandora's box that such international courts might be creating. An interesting point regarding the Belgian Court is that it has indicted Ariel Sharon for war crimes, stemming from his actions in southern Lebanon. Not one US media outlet has examined that issue, which is negligent in light of Israel's continuing aggression & subjugation of the Palestinian people.



Again, this is not about "such international courts", but the establishment of one. The Sharon case is interesting, because according to my sources, he would not be a candidate to stand trial there at all. Israel has the legal system to try him, and as a matter of fact they did. An Israeli court found him responsible and culpable in the massacres at the Palestinian refugee camps Sabra and Shatilla in 1982 in Lebanon. They didn't attach any consequences to that in terms of a prison sentence but the ruling stands.

On the sideline, I read that the US government doesn't want the ex-diplomat Richard Holbrooke, architect of the Dayton accord, to testify Against Milosevic in the Yugoslavia tribunal, unless he can do so behind closed doors.

Middle East: yes! seperate topic!


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Ilse
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Posted - June 13 2002 :  5:57:38 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
Middle East: yes! seperate topic!

Actually, this looks more enthousiastically than I am. I find the Middle East crisis next to impossible to define stands on, honestly.

And I forgot about this:
quote:
Another consideration; since the Court's mandate does specify "genocide" & "human rights abuses," why not indict heads of states whose countries have legalized abortion, euthanasia, & the death penalty???? Popular support notwithstanding, I can make a case for each of these to be violations of human rights & genocide. (It is interesting to note that much of the medical "experiments" carried out by the SS doctors, particularly at Auschwitz, involved the development of techniques for these very things. Even the term 'euthanasia' is a Nazi legacy.)


The term "swastika" and it's image is an Indian legacy if I'm not mistaken. It used to represent something peaceful, I think. It just shows that terms are terms and in the eye of the beholder.

Legalized abortion, euthanasia & the death penalty. Interesting to throw this in the same basket, so to speak. I've always wondered why it is that those against abortion and euthanasia are usually pro death penalty, and those against death penalty are usually pro abortion and euthanasia. Maybe the element of choice seperates these. Different topic, maybe?

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Lainey
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Posted - June 13 2002 :  6:05:05 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
"Holy sh*t. Lainey gets into 6th gear, and Ilse is limping behind"
Oh, hardly limping behind!!! I feel bruised & battered ...


quote:Thanks for these links. The Belgian War Crimes Law is certainly pertinent to the discussion on the ICC.
One starts to wonder how many international courts are required to *prevent, deter, or punish* alleged war crimes and "aggressions."
________

"Maybe one does, but I don't. I posted these links to underscore the need for one institute to do just that. I find the Belgians sense of universal responsibility quite charming, and propose they will from now on be called "Atlas". However, it doesn't work apparently. Why not? We'll have a multitude of international fake courts if this will be the trend."

Point well taken.

"This one institute, however hard it is to define it's mandate, is the ICC."

Where would the ICC leave the others, such as the Belgian Court? Would they still exist, even nominally, or will the ICC cause them to be obsolete?

"Over the years all participants in this have made enormous compromises to satisfy the US. In the end the US does not participate, which is a choice to be respected. However, the US does not stop at that right now. Right now, it is involved in negotiations with over a 100 countries to agree to a bilateral agreement in which these countries promise not to extradite Americans to the ICC. Strangely enough the US justifies this action based on article 98.2 of the Roman Treaty.... that they don't participate in."

:) Strange? Or predictable? That's the official justification then, Ilse. The real clout the US presents isn't article 98.2, but $$$$. Witholding foreign aid & such. Correct? (Good point there ...)



"Again, this is not about "such international courts", but the establishment of one."

Yes, you are making a good case for one international court to supercede all others, as far as there should be any international court at all. I do find the *workings* of the Belgian Court an interesting study, though. One thing I am wondering ... who gave Belgian this mandate?




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Lainey
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Posted - June 13 2002 :  6:06:54 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
"The Sharon case is interesting, because according to my sources, he would not be a candidate to stand trial there at all. Israel has the legal system to try him, and as a matter of fact they did. An Israeli court found him responsible and culpable in the massacres at the Palestinian refugee camps Sabra and Shatilla in 1982 in Lebanon. They didn't attach any consequences to that in terms of a prison sentence but the ruling stands."

You are correct! In this case, because Israel did indict, the ICC would not. However, if Israel had declined to try Sharon, wouldn't this case be an ICC issue? I mean if it occurred after July of this year, which I believe is the point of start for the ICC.

"On the sideline, I read that the US government doesn't want the ex-diplomat Richard Holbrooke, architect of the Dayton accord, to testify Against Milosevic in the Yugoslavia tribunal, unless he can do so behind closed doors. "

I hadn't heard that but it doesn't surprise me at all. This is the US protecting itself from revealing involvement it doesn't want public, you think? I know ... national security issues, right????

"Middle East: yes! seperate topic!"

Okay ..... thanks, Ilse. I need to drink to your elevation again.


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Posted - June 13 2002 :  6:21:13 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply

"Actually, this looks more enthousiastically than I am. I find the Middle East crisis next to impossible to define stands on, honestly."

Kind of my point ... it is more complex than it is presented to be. I don't know what the climate is in Europe, but in the US, it's presented as very black & white ... very good guy/bad guy.

"The term "swastika" and it's image is an Indian legacy if I'm not mistaken. It used to represent something peaceful, I think. It just shows that terms are terms and in the eye of the beholder."

This is true ... but terms can be powerful &, for some, painful.

"Legalized abortion, euthanasia & the death penalty. Interesting to throw this in the same basket, so to speak. I've always wondered why it is that those against abortion and euthanasia are usually pro death penalty, and those against death penalty are usually pro abortion and euthanasia. Maybe the element of choice seperates these. Different topic, maybe?"

The basket I see is one of human rights, or life issues. Regardless of point of view, they all fall within this realm. I often wonder the same ...
Different topic, for sure ... I was just theorizing on the ICC's potential.



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Ilse
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Posted - June 13 2002 :  6:39:40 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
"This one institute, however hard it is to define it's mandate, is the ICC."

Where would the ICC leave the others, such as the Belgian Court? Would they still exist, even nominally, or will the ICC cause them to be obsolete?



Ideally, yes, they would be obsolete. Because the Belgian example has inspired many such courts, and in those nations where we absolutely don't want them. We don't want dictators buying each other off through fake courts???? Just imagine Idi Amin charging Mullah Omar and vice versa in oh.... Lybia and Chad???? And getting off on probation, and not possible to try them again, because they've been tried in an "acceptable" court?
They must be obsolete; there can be only one...... The trick is to get everybody to agree on the only one...
quote:
"Over the years all participants in this have made enormous compromises to satisfy the US. In the end the US does not participate, which is a choice to be respected. However, the US does not stop at that right now. Right now, it is involved in negotiations with over a 100 countries to agree to a bilateral agreement in which these countries promise not to extradite Americans to the ICC. Strangely enough the US justifies this action based on article 98.2 of the Roman Treaty.... that they don't participate in."

:) Strange? Or predictable? That's the official justification then, Ilse. The real clout the US presents isn't article 98.2, but $$$$. Witholding foreign aid & such. Correct? (Good point there ...)


HMMMMMMMM....I really wanted you to say it I thought about putting it in... Not just that, the continuation of certain peacekeeping projects seem to be in the bargain now.

quote:
Yes, you are making a good case for one international court to supercede all others, as far as there should be any international court at all. I do find the *workings* of the Belgian Court an interesting study, though. One thing I am wondering ... who gave Belgian this mandate?


Oh well I printed out all kinds of stuff on this at work, because I have no printer at home.....And left it there..... I'm sure it had something to do with Nuremburg, but what???"?? Let me get back to you on that! Tomorrow!

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Posted - June 13 2002 :  7:45:44 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
"Actually, this looks more enthousiastically than I am. I find the Middle East crisis next to impossible to define stands on, honestly."

Kind of my point ... it is more complex than it is presented to be. I don't know what the climate is in Europe, but in the US, it's presented as very black & white ... very good guy/bad guy.




I don't know who the good/bad guys are in your press, no I'm lying I know. Read lots of international press.

Good/ bad guy is so traditionally American, isn't it? It's the lone ranger coming to the rescue, it's John Wayne always doing the right thing. Is it hard for Americans to see shades of grey?

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Posted - June 14 2002 :  09:39:37 AM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
quote:
Over the years all participants in this have made enormous compromises to satisfy the US.


Missed responding to this. A point of contention. I don't think enormous compromises HAVE been made. Quite the opposite. No matter ... the US rejects the ICC & is engaged in pressuring other countries because the Rome Statute does not limit itself to participating countries. While Europeans seem to view this 'campaign' as vengeful meddling, Americans tend to view it as self-defense.

Black & white & grey ... to a degree this is a traditional American character, as far as fiction, film, & sometimes, law. Is it hard for Americans to see shades of grey? For some, yes ... for others, no. And for some there is neither black & white, nor grey. It's rose color for them!

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Posted - June 14 2002 :  3:31:43 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
Okay, let's agree to disagree on that, for now.

I owed you a response on the Belgian War Crimes Act: here's a link that provides information:

http://www.asil.org/ilm/smis.htm

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Ilse
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Posted - June 14 2002 :  3:40:45 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
And this at Human Rights Watch:

Like the laws that permitted General Augusto Pinochet's arrest in London for crimes committed largely in Chile, the Belgian law is based on the rule of "universal jurisdiction," applicable to the most egregious atrocities. The rule, which was given explicit expression by the Nuremberg Tribunal after World War II, recognizes that all states have an interest in bringing to justice the perpetrators of particular crimes of international concern, no matter where the crime was committed, and regardless of the nationality of the perpetrators or their victims.

A principal reason why international law provides for universal jurisdiction is to ensure that there is no "safe haven" for those responsible for the most serious crimes. The Belgian law resembles some legislation being adopted in other countries as they ratify the treaty for the International Criminal Court.


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Posted - June 14 2002 :  11:55:51 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
"Okay, let's agree to disagree on that, for now."

For now ....

I owed you a response on the Belgian War Crimes Act: here's a link that provides information:

Thank you. I stumbled upon quite a lot of information through this link.

"And this at Human Rights Watch:

Like the laws that permitted General Augusto Pinochet's arrest in London for crimes committed largely in Chile, the Belgian law is based on the rule of "universal jurisdiction," applicable to the most egregious atrocities. The rule, which was given explicit expression by the Nuremberg Tribunal after World War II, recognizes that all states have an interest in bringing to justice the perpetrators of particular crimes of international concern, no matter where the crime was committed, and regardless of the nationality of the perpetrators or their victims.

A principal reason why international law provides for universal jurisdiction is to ensure that there is no "safe haven" for those responsible for the most serious crimes. The Belgian law resembles some legislation being adopted in other countries as they ratify the treaty for the International Criminal Court."

I wonder if the ICC will be looking at the Sudan, the Great Lakes region of Africa, Iraq (on behalf of the southern minorities & the northern Kurds}, China, Indonesia, Pakistan, etc. Once the mantle of "universal jurisdiction" over "egregious atrocities" is assumed, the task will be enormously daunting.
Will this court have the courage to act consistently, honestly, & justly?





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Ilse
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Posted - June 15 2002 :  8:13:47 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
quote:
I wonder if the ICC will be looking at the Sudan, the Great Lakes region of Africa, Iraq (on behalf of the southern minorities & the northern Kurds}, China, Indonesia, Pakistan, etc. Once the mantle of "universal jurisdiction" over "egregious atrocities" is assumed, the task will be enormously daunting.
Will this court have the courage to act consistently, honestly, & justly?


Yes, the tasks seem to be immense. Hopefully, after the establishment of this court, which will happen on July 1, we will get a clearer view of how they will go about their tasks. It is still a lot of speculation right now. I must say I'm determined to follow the development of the court closely.

On a lighter note, our comedians are really having a field day with the invasion act.


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Ilse
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Posted - June 20 2002 :  3:27:05 PM  Show Profile  Visit Ilse's Homepage  Send Ilse a Yahoo! Message  Reply with Quote  Copy this URL to Link to this Reply
Well, duh! Lainey, take a look at this

http://www.washingtonpost.com/wp-dyn/articles/A13925-2002Jun19.html

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Scott Bubar
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Posted - June 20 2002 :  9:34:48 PM  Show Profile  Reply with Quote  Copy this URL to Link to this Reply
Nice find, Ilse.

~~Aim small, miss small.
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