"I wouldn't join the International Criminal Court. It's a body based in The Hague where unaccountable judges and prosecutors can pull our troops or diplomats up for trial.
"And I wouldn't join it. And I understand that in certain capitals around the world that that wasn't a popular move. But it's the right move not to join a foreign court that could -- where our people could be prosecuted." - George W. Bush 09/30/04
This wasn't just idle rhetorical posturing on our president's part. An American human rights group, the Center for Constitutional Rights (CCR), is bringing a legal case against Donald Rumsfeld in German court over torture in the gulag. Rummy, former CIA director George Tenet and General Ricardo Sanchez (who Rummy recently recommended for a promotion after his work at Abu Ghuraib), and Undersecretary of Defense Steven Cambone are named in the case, among others.
I don't know how solid this particular case is. But I don't think this will be the last legal action taken over the torture cases. All good Republicans and a lot of Democrats will be inclined to dismiss this as some kind of stunt. But the legal implications of the torture system that the US set up in Abu Ghuraib, Guantanamo and elsewhere are large, and the practical consequences could be much more far-reaching than the arrogant leaders of the Republican Party may think.
Here is the states at CCR's Web site: CCR Seeks Criminal Investigation in Germany into Cupalbility of U.S. Officials in Abu Ghraib Torture (undated, accessed 11/29/04):
In a historic effort to hold high-ranking U.S. officials accountable for brutal acts of torture including the widely publicized abuses carried out at Abu Ghraib, on Tuesday November 30, 2004, CCR and four Iraqi citizens will file a criminal complaint with the German Federal Prosecutor’s Office at the Karlsruhe Court, Karlsruhe, Germany. Under the doctrine of universal jurisdiction suspected war criminals may be prosecuted irrespective of where they are located.
US-Juristen verklagen Rumsfeld in Karlsruhe von Steffen Hebestreit Frankfurter Rundschau Online 29.11.2004
Die US-Juristen stützen sich auf das deutsche Völkerstrafgesetzbuch [VStGB], wonach Kriegsverbrechen, Verbrechen gegen die Menschlichkeit und Völkermord selbst verfolgt werden können, wenn keine Deutschen beteiligt sind und das Vergehen nicht hier stattfand.
[The US lawyers are basing their case on the German international criminal law, according to which war crimes, crimes against humanity and genocide can be prosecuted, even if not German was involved and the actions did not take place here [i.e., in Germany]]
Der Kriegsverbrechen beschuldigt Frankfurter Rundschau Online 29.11.2004. Excerpts from the CCR brief in German.
Kleinod des Völkerrechts von Astrid Hölscher Frankfurter Rundschau Online 29.11.2004. This article explains that the VStGB, the particular set of laws which the CCR seeks to utilize, was put on the books in 2002 but has scarcely been utilized up until now. It quotes the Social Democratic Justice Minister Brigitte Zypries as saying that the intent of the law is not to make Germany a "world policeman," though it's not clear if her statement was made with particular reference to the CCR action. But the law is written specifically to allow for the prosecution of crimes not committed in Germany or involving German citizens, as mentioned above. Hölscher writes:
Das bedeutet eine ausdrückliche Anerkennung des "Weltrechtsprinzips". Die Verbrechen gegen die Menschlichkeit werden als schwere Angriff auf das Wertesystem der Völkergemeinschaft betrachtet, zu gravierend, als dass irgendein Staat wegsehen dürfe.
[This represents an explicit recognition of the "world law principle." Crimes against humanity are regarded as a serious attack on the value system of the international community, too grave for any country to be allowed to look away from them them.]
U.S. Group to File Iraq War Crimes Case in Germany Reuters 11/29/04. It says the CCR is holding a press conference Tuesday. I'll be curious to see what kind of play this gets in the US media. I'm guessing our Potemking press corps will treat it as a mildly amusing sideshow. Then one day when Rumsfeld gets arrested in an EU country they will be shocked, shocked that such a thing could happen!
This case involves a filing under German law in a German court. I don't know enough of the details of how the ICC processes are set up to know how, when or even if the ICC could get involved.
But, no, Bush wasn't just being rhetorical when he fretted about international law being applied against Americans.
4 comments:
Face it, Bruce. Some Americans deserve it. Now the Red Cross is accusing us of torture in Gitmo.
That Happy Chica,
Marcia Ellen
Seems like the revenge of the "global test".
Neil
Molly Ivins was particularly outraged by the Guantanamo report - and that's saying a lot for her!
The unbelievable arrogance of these people - Bush, Cheney, Rummy, the whole lot of the Pentagon Iraq hawks - is reflected as in many other ways in their assumption that they could just skate around the law even on something as serious as torture. This torture isssue isn't just a flash-in-the-pan scandal; it's a long-term problem that will hurt the US in various ways for years.
And, arrogant as they are, some senior US official may wind up in front of the ICC on charges related to this thing, despite Bush's posturing. - Bruce
Frankly, I think it would be a good thing for America if one or more of the President's leadership team -- Rumsfled and Carbone for example -- were indicted for war crimes. Americans need a wake-up call.
Neil
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