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JUNK JUSTICE

Suspiciously well intended, but completely inappropriate! That's the best description of the International Criminal Court (ICC). Unfortunately, by April 11, 2002 this little rascal may have the ratification of the necessary 60 nations to give it the force of international law. Fifty-six nations have already ratified this treaty as of press time.

The effort to create this 'court' is the product of a five-week diplomatic conference in Rome held in 1998. The United Nations fingerprints are all over it, despite obvious wordsmithing attempts by the Human Rights Watch to blur the public's full and immediate awareness of this connection. See website (www.hrw.org).

The ICC is different from the already existing International Court of Justice (World Court) which is a recognized organ of the United Nations, and which hears disputes between and among nations. This new 'global gremlin' is intended to investigate and prosecute individuals only.

The ICC would be a permanent international criminal tribunal that would investigate and punish war crimes, crimes against humanity, torture, enforced disappearances and genocide. That's the current list, but the legal foundation is there to add to this list, which makes this even more unacceptable. When it first surfaced a couple of years ago, environmental crimes were under consideration. Does anybody in their right mind think that topic has vanished forever?

Should the United States be foolish enough to ratify this treaty of junk justice, here's one of the many scenarios that would be our reality. If a United States citizen was accused of an ICC crime, then our government would have six months to investigate and determine if prosecution was appropriate and to proceed accordingly. However, if the ICC tribunal judges deemed that the U.S. judicial system was willfully obstructing justice then the ICC could step in, investigate and actually hold a trial in this country. The Human Rights Watch wants Americans to see this as a service being done for us by the international community.

The essential idea here is that no human entity shall escape the authority of global governance. Admittedly, we live in a brutal world. Humans are currently as capable of the same cruelty and oppression as they were eons ago. However, societies' tolerance of such is what has changed. Proponents of the ICC seem to think that no one government can be relied upon to adequately investigate and prosecute certain crimes and criminals. The complications of national sovereignties frequently hinders punishing the 'uncivilized' still among us. Being a realist, I agree.

The question has been publicly posed: Why is it seen as so important to have such a criminal tribunal? The answer offered up has been: Because it will ensure crimes are punished even if national courts are unwilling to do so.

There are serious questions of constitutional compatibility for many nations. Issues such as extradition of nationals, immunities, life imprisonment, and constitutional reform and ratification are unresolved. A reading of the Constitutional Compatibility section on the website www.hrw.org is a real study in wordsmithing.

Clinton knew this proposed 'Statute of Rome' was 'significantly flawed' when he signed it as one of his last pseudo-presidential acts. He went so far as to recommend to incoming President George Bush that this treaty not be ratified. His transparent reason for his approval was to make certain the United States could be at the table working out the details. An obvious 'look good' political ploy devoid of integrity and intelligence. Garbage in, garbage out is an adage that characterizes Clinton's administration.

The current administration has publicly stated its nonsupport for the ICC. The Hyde Amendment was passed on November 28, 2001. It prohibits use of appropriated funds for assistance to the ICC or its Prepatory Commission. This restriction must be passed annually. Vigilance is needed!

No doubt the great guilt trip will be laid upon our nation and its leaders because of our opposition to the concept and all it entails. More global treaty type hype. The hue and cry of the global social engineers will fill the air waves and print media. Pointing fingers and accusing us of a social and global insensitivity.

Well, we'll just have to let that wave of garbage wash over us as we continue to stand for genuine justice and a legal framework that is the obvious envy of the free and un-free world. There is no need to marginalize the strengths and foundations of this nation. Junk justice just doesn't do it.

~ Etherzone, April 3, 2002

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