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Selective Justice for Failed States Only: Do We Really Need an International Criminal Cour
Year after year, people in the Arab countries are helpless spectators to the ongoing destruction of Iraq and Palestine by the United States and Israel. They see families wiped out by bombs in Afghanistan, Iraq and Lebanon. They see Arabs tortured and humiliated in Abu Ghraib and in Guantanamo. They see Israel regularly carrying out "targeted" assassinations in the Occupied Territories (splashing death around the target) while extending its illegal settlement of land belonging to Palestinians. Probably no people have greater cause to yearn for an equitable system of international justice. But where are they to look for it?
Well, what about the International Criminal Court (ICC)? The ICC is supposed to punish perpetrators of war crimes and crimes against humanity. It has been in operation since July 2002, but seldom gets as much attention as it received during a symposium in mid-January at the Academy of Graduate Studies in the Libyan capital, Tripoli. Underlying the two-day discussion on the "ambition, reality and future prospects" of the ICC was the question: is the ICC a first baby step toward international justice? Or is it just another element of Western "soft power", imposed on small countries?
Although Libyan leader Moammer Gadhafi has expressed the second view, on balance most of the legal experts and academics -- from Libya and other Arab countries, but also from Europe, China and South America -- tended to lean toward the first view. Although nobody denied the evident shortcomings of the ICC, lawyers and jurists generally see it as "better than nothing" and point out that democratic legal systems have evolved from institutionalized power relations toward greater justice.
Selectivity
Meanwhile, a new war front was opening up. Urged on by the United States, Ethiopia invaded Somalia to restore disorder. U.S. war planes bombed fleeing members of the Islamic Courts Council that only recently managed to end the clan fighting that had ravaged Mogadishu for some fifteen years. The newly installed, U.S.-backed president, Abdulli Yusuf Ahmed, 73, announced that there would be "no talks" with the defeated Islamists, who were to be wiped out as they fled.
Now it so happens that among the war crimes listed in the Statute of Rome that governs the ICC is this one (Article 8.2.b.xii): "Declaring that no quarter will be given". This is exactly what the Ethiopian-U.S.-backed conquerors were doing. But there was no chance that the ICC would deal with this latest outburst of international criminal behavior.
More
http://counterpunch.org/johnstone01272007.html
Although Libyan leader Moammer Gadhafi has expressed the second view, on balance most of the legal experts and academics -- from Libya and other Arab countries, but also from Europe, China and South America -- tended to lean toward the first view. Although nobody denied the evident shortcomings of the ICC, lawyers and jurists generally see it as "better than nothing" and point out that democratic legal systems have evolved from institutionalized power relations toward greater justice.
Selectivity
Meanwhile, a new war front was opening up. Urged on by the United States, Ethiopia invaded Somalia to restore disorder. U.S. war planes bombed fleeing members of the Islamic Courts Council that only recently managed to end the clan fighting that had ravaged Mogadishu for some fifteen years. The newly installed, U.S.-backed president, Abdulli Yusuf Ahmed, 73, announced that there would be "no talks" with the defeated Islamists, who were to be wiped out as they fled.
Now it so happens that among the war crimes listed in the Statute of Rome that governs the ICC is this one (Article 8.2.b.xii): "Declaring that no quarter will be given". This is exactly what the Ethiopian-U.S.-backed conquerors were doing. But there was no chance that the ICC would deal with this latest outburst of international criminal behavior.
More
http://counterpunch.org/johnstone01272007.html
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