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The International Criminal Court at the Hague

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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 03:39 AM
Original message
The International Criminal Court at the Hague
Just thinking aloud...

http://www.icc-cpi.int/about.html

The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 108 countries.

The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.

In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by the Rome Statute. Download the Rome Statute of the International Criminal Court (PDF, 448KB).
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BanzaiBonnie Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 03:45 AM
Response to Original message
1. If we DON"T prosecute for the war crimes

If we don't take responsibility, then the rest of the world will demand it be done. Bush and gang will end up being tried at the Hague.
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indepat Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 05:39 AM
Response to Reply #1
3. If we don't take the responsibility, then won't we forevermore lose the moral authority
our nation commanded for decades following WWII? :D
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cali Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 05:44 AM
Response to Reply #1
4. Alas, they will not
the U.S. is not a signatory to the ICC. Unless Obama and Congress change that, bush will never be in the dock of the ICC.
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 07:58 AM
Response to Reply #4
8. True,but
"It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility."

There is ample evidence that bush did not sign the treaty in an attempt to sheild themselves from criminal responsibility.That would,imo,make him eligible for prosecution.
Plus many countries do have war crimes laws on the books that don't sheild bushco.
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sohndrsmith Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 03:48 AM
Response to Original message
2. putting your post and what Maddow said tonight re: Bush and torture,
I'm guessing you're trying to remind us (rightly so) that there are many countries that will and do consider Bush a war criminal, and would have no qualms arresting him (and his cohorts) on sight should they ever travel within their boundaries.

That was a pretty dramatic segment (it was either Maddows or Olbermann - I forget which - both had compelling discussions on the subject).
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Horse with no Name Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 05:44 AM
Response to Reply #2
5. The way that I read it is
if we don't clean up our own yard, they will clean it for us.
It is in our best interests to do the right thing.
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KharmaTrain Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 07:56 AM
Response to Reply #5
7. It Starts With The UN
The World Court is an adjunct to that organization, and I would imagine that it would take either a resolution or some other action by member states to start the process rolling. This could meet a veto, but it's still too soon to tell. The rub here is that you can't start trying for crimes until the war or attrocities have finished...unfortunately that happened with Serbia. However, I do think the crimes of this regime were so brazen that there needs to be both a domestic and international investigation. If I were Paul Wolfowitz, I'd stick close to home as well...as while our government may not want to serve up boooshie so quickly, his underlings, who were just as complicit, are another story.

Cheers...
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conscious evolution Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jan-20-09 07:49 AM
Response to Original message
6. The Nurenberg principles
Principle I
Any person who commits an act which constitutes a crime under international law is responsible therefore and liable to punishment.


Principle II
The fact that internal law does not impose a penalty for an act which constitutes a crime under international law does not relieve the person who committed the act from responsibility under international law.


Principle III
The fact that a person who committed an act which constitutes a crime under international law acted as Head of State or responsible government official does not relieve him from responsibility under international law.


Principle IV
The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him.


Principle V
Any person charged with a crime under international law has the right to a fair trial on the facts and law.


Principle VI
The crimes hereinafter set out are punishable as crimes under international law:

(a) Crimes against peace:
(i) Planning, preparation, initiation or waging of a war of aggression or a war in violation of international treaties, agreements or assurances;
(ii) Participation in a common plan or conspiracy for the accomplishment of any of the acts mentioned under (i).
(b) War Crimes:
Violations of the laws or customs of war which include, but are not limited to, murder, ill-treatment or deportation of slave labor or for any other purpose of the civilian population of or in occupied territory; murder or ill-treatment of prisoners of war or persons on the Seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns, or villages, or devastation not justified by military necessity.
(c) Crimes against humanity:
Murder, extermination, enslavement, deportation and other inhumane acts done against any civilian population, or persecutions on political, racial, or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any crime against peace or any war crime.

Principle VII
Complicity in the commission of a crime against peace, a war crime, or a crime against humanity as set forth in Principle VI is a crime under international law.




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