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International-UN-NGOs
Many Oppose U.S. Peacekeeper Exemptions
2004-05-22
The United States faced growing opposition Friday to a new exemption for American peacekeepers from international prosecution for war crimes, with human rights groups arguing that it is unjustified in the face of the prisoner abuse scandal. The Bush administration argues that the International Criminal Court - which was established on July 1, 2002 and started operating last year - could be used for frivolous or politically motivated prosecution of American troops.
Correctamundo.
When the court was established, the United States threatened to end far-flung peacekeeping operations established or authorized by the United Nations if it didn't get an exemption for American peacekeepers. After contentious negotiations, the council approved a one-year extension. Last year, the resolution to exempt U.S. peacekeepers was renewed for another year by a vote of 12-0 with three abstentions - our friends and allies France, Germany and Syria. The U.N. Security Council had planned to hold an open meeting Friday to give member states a chance to express their views on the U.S. demand for a new exemption, and then immediately vote on a resolution that would authorize it. But China said it didn't have instructions so the meeting was put off until Monday. This year, France, Germany, Spain and Brazil have said they will abstain on a new extension - and Romania and Benin are possibilities. That would still give the United States the minimum nine "yes" votes for adoption, and Romania indicated it would not allow the resolution to be defeated. "At this moment there is an inclination that we might abstain," said Romania's U.N. Ambassador Mihnea Motoc. "If the adoption of the resolution is at risk, we might look again at this position."
Okay, don't pass it. Watch what we do.
Richard Dicker, director of the International Justice program at Human Rights Watch, said Friday he expects the resolution to pass, but he told a news conference that the growing number of abstentions should send a strong message to Washington that much of the international community opposes immunity for U.S. troops. He said the reports of "sexual humiliation and savage beatings" of Iraqi detainees by U.S. soldiers at Abu Ghraib prison in Baghdad highlight the importance of an international court of last resort to prosecute war crimes, genocide and crimes against humanity.
Except for the fact that we're prosecuting the offenders ourselves, you mean.
The International Criminal Court has no jurisdiction over the events in Iraq, first because neither the United States nor Iraq have ratified the Rome Treaty establishing the tribunal, and second because of the exemption, he said. Richard Grenell, spokesman for the U.S. Mission to the United Nations, said Thursday that the U.S. concern about the court "in no way reflects any lack of determination to ensure that perpetrators of crimes are fully prosecuted." Besides seeking another year's exemption from arrest or prosecution of U.S. peacekeepers, Washington has signed bilateral agreements with 89 countries that bar any prosecution of American officials by the court and is seeking more such treaties. The 94 countries that have ratified the 1998 Rome Treaty - including all 15 European Union members - maintain it contains enough safeguards to prevent frivolous prosecutions.
They're wrong, of course.
Posted by:Steve White

#16  If we in the US run into the situation such as developed in Abu Graib, we work to fix it and make it right, despite having gobs of excrement heaped upon us by everyone and their mother. When Sammy was doing his HEAVY DUTY thing in Abu Graib, only a few specialized organizations were making a yap. This is hypocracy by the so-called world community™.

We do not make deals with ANYONE that will result in the subjugation of our Constitution. It is what makes us who we are. I think that bilateral agreements are the way to go. And that applies to most of the present functions and relationships with the UN. There are important agencies that set standards, such as ICAO for worldwide aviation that should exist. They should be self-standing and funded by member countries. They should not be a part of the totally corrupt and wasteful UN. It is just another Leage of Nations that went bad long ago.
Posted by: Alaska Paul   2004-05-22 1:49:04 PM  

#15  Courts and laws only have meaning if there exists the means to enforce them. Anybody seriously believe an "international court" can pass judgement on the US and "enforce" a penalty. This whole exercise is just more mental masturbation by a bunch of impotent fools.
Posted by: RWV   2004-05-22 9:48:50 AM  

#14  "I hate it because of the people that like it. Aris loves it. "

Actually I don't remember ever saying that I love the ICC either. Is that yet another one of your LIES about me?

Though I do remember once noting the hypocrisy that the USA urged other countries (e.g. Serbia, Croatia so forth) to send their own citizens to be judged there.
Posted by: Aris Katsaris   2004-05-22 8:50:34 AM  

#13  There are many reasons for rejectying the ICC like

1) A court who is basically making its own law instead of abiding by it.

2) No appeal

3) No trial by jury. For grievous offences it has been a constant to make them judge not by mere magistrates looking for precedents and hair splitting laws but by the entire nation personificated by a jury, by people judging according to their consciences not by mee judges.

4) Jurys and judges are selected in a way who tries to guarantee their fairness. Here they are slected by states, states who have interests and who will nominate judges likely to defend them or harm their opponents. Nietzche said: "States are the coldest of the cold monsters". And states will not hesitate to have someone jailed life if it can harm a rival state.
Posted by: JFM   2004-05-22 8:14:25 AM  

#12  war crimes, genocide and crimes against humanity.

Which category does the Abu Ghraib abuse go under? I can't seem to figure it out.
Posted by: Rafael   2004-05-22 7:42:23 AM  

#11  Bomb-a-rama - We seek exemptions via treaties with nations that are members of the ICC because when US citizens leave US soil they are subject to the laws and courts of the lands they visit. This gives rise to a couple of reasons for the bilateral agreements: 1) to prevent ICC jurisdiction being exercised over US troops by the nations in which we operate, and 2) to prevent ICC jurisdiction being exercised over US troops on foreign soil by other foreign entities who are also present there. Thus three components are necessary to completely insulate US troops from this little fiasco: 1) non-ratification of the ICC treaty by the Senate; 2) bi-lateral agreements with all nations in which we might operate; and 3) bi-lateral agreements with all nations with whom we might operate. Even then that might not be enough when we operate in areas officially designated as a UN protectorates that are actively administered by the UN and not a local government.

Posted by: AzCat   2004-05-22 6:35:26 AM  

#10  abaddon, Screw Aris.
Do what everybody here does most of the time--Ignore him.
Whatever he's saying, it's all Greek to us! LOL
Posted by: Jen   2004-05-22 3:55:31 AM  

#9  I hate it because of the people that like it. Aris loves it. That's enough for me.
Nothing like having the asshatted Eastern European version of "social justice" crammed down ones throat.
Posted by: abaddon   2004-05-22 2:08:45 AM  

#8  Nobody says it like Dotcom, do they?!
I love it!
Posted by: Jen   2004-05-22 1:18:35 AM  

#7  Yep, what Dot sez.
Posted by: Lucky   2004-05-22 1:16:30 AM  

#6  So much hand-wringing, buzzing off to 5-star hotels to convene countless pointless meetings - all wasted noise and motion in an obviously futile pretense that the UN and ICC are either viable or worthy institutions. Pfeh. Withdraw and rethink, redesign workable rational systems, learning from the mistakes of the past - both of these are not just fatally flawed, they are already dead. Full stop.
Posted by: .com   2004-05-22 1:15:07 AM  

#5  I don't understand this. Since the U.S. hasn't ratified the treaty that established the ICC, why is an "exemption" being sought from something we're not bound to?
Posted by: Bomb-a-rama   2004-05-22 1:11:21 AM  

#4  The Euros are always prattling on about peace, so they should be the "peacekeepers."

We'll be the war keepers, since they're too goddam lazy and wussy to be. But the wars will be to protect our country and people - along with REAL allies like Britain and Australia. The "peace-loving" dhimmis Euros can go hang.
Posted by: Barbara Skolaut   2004-05-22 12:35:40 AM  

#3  No exemptions, no peacekeepers. Period.
Posted by: Zhang Fei   2004-05-22 12:29:52 AM  

#2  I say we tell the UN to go F themselves. I dont know of a more useless organization -- even the Department of Social and Health Services does something useful.
Posted by: CrazyFool   2004-05-22 12:25:35 AM  

#1  I guess the USA is just supposed to ignore its pesky old constitution and learn to behave like a good little euroweenie.

Screw the ICC.
Posted by: JP   2004-05-22 12:09:26 AM  

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