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Tuesday, July 29, 2003

more on the ICC 


Tony Blair has been formally accused of crimes against humanity by Greek lawyers:
The Athens Bar Association filed 22 charges against the Prime Minister and senior Cabinet members, alleging that they invaded a sovereign country on a dubious pretext.

"The repeated, blatant violations by the United States and Britain of the stipulations of the four 1949 Geneva conventions, the 1954 Convention of The Hague as well as of the International Criminal Court's charter constitute war crimes and crimes against humanity," said the group.

The case is based on press clippings and news reports, many from Greece's anti-American media.

Jack Straw, the Foreign Secretary, and Geoff Hoon, the Defence Secretary, were among those named, but the Bush administration was spared because America has refused to sign up to the ICC.

Washington fears the court could degenerate into a political circus and subject US officials to constant harassment.

No friggin way. Which is not to say that i'm opposed to International Courts. Quite the opposite, i'm heavily in favor of international justice when it actually targets criminals. Unfortunately, organizations like the ICC seemed destined to waste their time blowing smoke at the Good Guys.

Why don't critics of the US ICC policy ever consider that our Constitution may not allow our participation?

The Constitution says in Article III. Section 1 that "the judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."

Article III. S. 2 Clause 1 says that "the judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State; --between Citizens of different States, --between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects"

I read these words to mean that the Supreme Court is the highest court recognized by the people of the United States to settle cases and controversies amongst people of the United States and foreign nationals.
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