Originally posted by: Craig234
Originally posted by: RichardE
Originally posted by: Craig234
Originally posted by: RichardE
Originally posted by: Craig234
Objectives of the ICC:
The Rome Statute of the International Criminal Court was adopted on 17 July 1998 at a United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. The Statute establishes an international criminal court to try individuals for the most serious crimes of concern to the international community as a whole and seeks to establish a fair and just international criminal justice system with competent and impartial judges and an independent prosecutor. Unlike an ad hoc tribunal, the Court is a permanent institution, which ensures that the international community can make immediate use of its services in the event of atrocities occurring, and also acts as a deterrent to those who would perpetrate such crimes.
Link
Where does the list of objectives refer to being limited to failed states?
Rather, it refers to what I mentioned - a "fair and just" system. It even mentions the same deterrent value I'd mentioned.
You make an accusation of 'emtional argument', but it's nonsense. That's like saying obejection to the Holocause is just 'emotional', since it partly is.
I called your argument emotional since of your last post was just that, an emotional appeal based on "millions of deaths".
Repeating the same nonsense doesn't make it smell better.
You're claimiing that in discussing war crimes, any discussion of an actual situation is invalid if it elicits any emotions? What nonsense.
It's emotional is it elicits emotions *and lacks any substance*. Calling something an emotional argument is proper when and only when the emotion is replacing substance.
Sorry, but there are events involving the killing of millions that are not just 'emotional'.
So lest the discussion get derailed, you need to put that little canard bag where it came from - or we can continue this circular exchange on it and derail the thread.
It doesn't state any objective of failed states, but that is what it is suppose to be used for. Would you support the ICC arresting George Bush and President Obama for violating the Geneva conventions with regards to Guantanamo Bay as well as any soldiers and officers who followed order to commit these atrocities to be tried by an International court Craig? Would you give them that jurisdiction over American citizens?
Technically, no, because we didn't ratify it, so they weren't subject to it.
But I'd support ratifying it in a manner that did allow for accountability; they'd have a deterrent against those policies, and if they did them, yes, arrest them.
I'm not exactly sure what the protections would look like; it might involve the ability upon the same basis that we ratify a treaty, for us to be able to withdraw.
That way, if the ICC abused its power, we could withdraw - but there's be a political price, because to evade a proper prosection, people would have to defend leaving the treaty.
Clearly, the pendulum is tilted far to one side now, away from any accountability.
We have accountability within American Law. The fact that Obama has chosen not to persue this avenue or prosecution does not take away from the fact it is available. Bush broke some very real and very serious American laws, I think someone counted at least 26 or 25.
We do not have accountability within American Law, if American law is not enforced for political reasons. You don't seem to understand what accountability means.
The ICC allows for the host state to get priority in enfircing its own laws, and only steps in if they're not enforced for some reason. So if you're right, the ICC won't get involved.
Another problem in regards to the ICC is that at some point for American protection a event might need to occur that would violate International law. At this point we get back to the idea of the "good" lawbreaker, someone who might have to break a law for the overall good, but the ICC as an international body could still prosecute such a person for whatever the crime was that might have saved American lives.
Please tell me the situationin which the US would 'have to' protect itself with the policies of mass rape, forced impregnation, genocide, and the other crimes the ICC prosecutes.
There is no excuse for such crimes, and you are merely inventing a phony argument for something that doesn't exist.
These are only some of the problems of attempting to give an outside body power over a successful state. There is nothing good that can come from giving the ICC jurisdiction over the US and way too many potential drawbacks to even consider it. The laws are already in place to prosecute Bush, petition Obama or the AG to do it.
It took 60 countries to agree to the ICC for it to be created. That happened. A lot of countries disagree with your concerns, and there hasn't been any such abuse.
The most 'successful states' alongside the US, in the EU, strongly favor the ICC and placed themselves under its jurisdiction, with no problems. That argument is clearly contradicted.
Interesting list of crimes you included yet you would be willing to have Bush prosecuted for far less.
Your first point is void since the ICC assumes the authority to "second guess" a sovereign states decision. So if the US tried a US citizen for a crime committed on US soil and found him not guilty, the ICC would have the right to retry such individual. Refer to the document here
There is also the concern of the Supreme court stating that Americans committing crimes on American soil can only be tried by the Judicial Brance (as per Article 3 of the constitution).Refer to this article here
The ICC also has unchecked prosecutors who can initiate an investigation on anyone with only the approval of two judges.
Also we have unaccountable judges, it is politically motivated and used, allows hearsay evidence, it also is by stance against prosecuting acts of terrorism.
As well, ontop of all this, crimes can be added to the Rome statue at the whim of the ICC and these crimed are automatically adopted by anyone who has ratified it.
To join the ICC is to go against in essence Article 3 of the constitution, not to mention disregarding any of the founding fathers ideas of not not getting involved in great political organizations, not to mention putting at risk every American citizen to the whim of two judges and a prosecutor. For what? To prosecute people here because our politicians don't?
You stated that we need the ICC because of the reluctance to prosecute due to political motivations, the ICC involves countries around the world who could very easily prosecute any american citizen when only having to get the approval of two judges and a prosecutor who might never have set foot in America ever.
So Craig, is still worth it?
