MrRodgers
Posts: 10542
Joined: 7/30/2005 Status: offline
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quote:
ORIGINAL: tweakabelle quote:
ORIGINAL: Musicmystery quote:
ORIGINAL: GotSteel quote:
ORIGINAL: Musicmystery Just one problem -- the US doesn't recognize the Hague. http://en.wikipedia.org/wiki/United_States_and_the_International_Criminal_Court What does that have to do with anything? It means her recommendation is inactionable. It is certainly the case that magor figures from the West have, to date, managed to avoid finding themselves in the dock at the ICC answering war crimes charges. This is not because of any legal impediment, or because such prosecutions are "inactionable", it is due to political power. Certain war crimes, especially crimes against humanity are actionable and can be prosecuted in any court in the world where the political will allows it. This is because the principle of universal jurisdiction was established in the Pinochet case. The full story can be read at the link below: "Despite his release on grounds of ill-health, the unprecedented detention of Pinochet in a foreign country for crimes against humanity committed in his own country, without a warrant or request for extradition from his own country, marks a watershed in international law. Some scholars consider it one of the most important events in judicial history since the Nuremberg Trials of Nazi war criminals. Judge Garzón's case was largely founded on the principle of universal jurisdiction—that certain crimes are so egregious that they constitute crimes against humanity and can therefore be prosecuted in any court in the world. http://en.wikipedia.org/wiki/Pinochet%27s_arrest_and_trial Therefore, in theory it would be possible for (say, for example) Kissinger to be prosecuted in US courts for his role in the bombing of Cambodia, unless the US Govt has given him a pardon. Even then, in theory, he would still be liable to prosecution for the same crimes in an overseas jurisdiction. While the US Govt may not recognise the ICC, that doesn't prevent the prosecution of US citizens in a third country or referral of cases involving US citizens to the ICC. In matters such as these, US legal jurisdiction stops at the US's borders. So, the legal framework does exist in current international law. Crimes against humanity are actionable in law. If the appropriate political will exists, there doesn't appear to be any legal obstacle to such prosecutions. That is not to say that prosecuting war criminals of the stature of Kissinger will be straightforward. But the requisite provisions and framework exist in international law. What is needed is for these provisions to be enforced without fear or favour. All well and good, except that the arrest of Pinochet was only a step back towards Nuremberg. Let us not forget, some of those Nazis were hung and many spent many years in jail where some died. I'll lay odds that 1000's in Chile would have much preferred to see Pinochet die in jail for his butchery.
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