Re:US sanctions International Criminal Court officials
by kelnos on Wednesday September 09, 2020 @04:04AM
(#24418559)
That's fair; "legality" doesn't really matter much on the international stage. A country can do whatever it wants up to the point where it gets crippled by sanctions, or loses a war.
But I think it's still correct to say that the US is not legally beholden to the ICC, just as any other country not party to the Rome Statute is not. It's a voluntary thing, and there are plenty of countries in the world with less might than the US that are non ICC members. If Rome Statute signatories could just flat-out decide what and what is not legal for everyone, that wouldn't be a great outcome for the concept of sovereignty.
> I'd say the US voters don't care about democracy or justice enough (otherwise the US politicians wouldn't dare do this, or pass the relevant laws).
I think that's an uncharitable view that paints with a way-too-broad brush. Mine is that US citizens do generally care about these things, but don't trust the idea of a foreign body having oversight in criminal matters. Sure, there almost certainly is some subset that believes that "those terrorists deserve what they get", and believe that due process should go out the window whenever someone utters the magic phrase "national security", and that's shameful.
> the suspected crimes were committed on party territory (Afghanistan; but also Poland, Romania and Lithuania; the latter three hosted the CIA black sites where prisoners were taken)
This is also interesting, though: has the ICC been investigating, and potentially prosecuting individuals in, Poland, Romania, and Lithuania for their part in allowing this stuff to happen on their soil? If not, why not? Seems like it would make sense for them to concentrate where the targets of potential prosecution are actually within their jurisdiction, no?
I agree that "if it is within my might, it is right" is reprehensible, but I don't think that explains the situation fully. I think it's reasonable to disagree with the ICC's implementation, and to want nothing to do with it, even if its intended mission is an honorable one.
But I think it's still correct to say that the US is not legally beholden to the ICC, just as any other country not party to the Rome Statute is not. It's a voluntary thing, and there are plenty of countries in the world with less might than the US that are non ICC members. If Rome Statute signatories could just flat-out decide what and what is not legal for everyone, that wouldn't be a great outcome for the concept of sovereignty.
> I'd say the US voters don't care about democracy or justice enough (otherwise the US politicians wouldn't dare do this, or pass the relevant laws).
I think that's an uncharitable view that paints with a way-too-broad brush. Mine is that US citizens do generally care about these things, but don't trust the idea of a foreign body having oversight in criminal matters. Sure, there almost certainly is some subset that believes that "those terrorists deserve what they get", and believe that due process should go out the window whenever someone utters the magic phrase "national security", and that's shameful.
> the suspected crimes were committed on party territory (Afghanistan; but also Poland, Romania and Lithuania; the latter three hosted the CIA black sites where prisoners were taken)
This is also interesting, though: has the ICC been investigating, and potentially prosecuting individuals in, Poland, Romania, and Lithuania for their part in allowing this stuff to happen on their soil? If not, why not? Seems like it would make sense for them to concentrate where the targets of potential prosecution are actually within their jurisdiction, no?
I agree that "if it is within my might, it is right" is reprehensible, but I don't think that explains the situation fully. I think it's reasonable to disagree with the ICC's implementation, and to want nothing to do with it, even if its intended mission is an honorable one.