There was a news blurb over the weekend that Secretary of Defense Donald Rumsfeld and other Administration officials are being charged with war crimes that stem from the Abu Ghraib prison scandal. The case is being brought in a German court and is not getting much attention yet.
This is the result of certain nations who have taken it upon themselves to act as the world’s criminal court system.
It’s kind of funny that those who scoff at American suggestions that the International Criminal Court system will be misused to settle scores against prominent American politicians and troops are the very ones who are taking this course of action.
While I am not opposed to international tribunals building strong cases against former leaders, I am dead-set against any international court attempting to go after sitting Presidents and their cabinets. Once they leave office, that’s another issue, but for an international court to be able to serve warrants on and take custody of the sitting President of the United States or Secretary of State is abhorrent.
As far as I am concerned, if the President is impeached first by the House, tried by the Senate and found guilty, then the international courts can have the person after American justice is carried out. If the cabinet member resigns or is removed from his/her post, then I have no problem with Interpol coming in and taking the accused away.
The ICC treaty (Article 27) does not recognize immunity for sitting leaders. Article 27 also does not provide for removal of leaders according to the laws of the country where the accused leader resides. So the Constitution would be subordinated to the ICC treaty. This is also abhorrent.
To surrender national sovereignty to a system that could be abused is dangerous, and is a very good reason for the U.S. to refrain from endorsing the treaty. This reason is different from the military point of view, but in my view, supercedes the military reasons for opposing the treaty.
While Rumsfeld should answer very serious questions about the prison scandal, it should not be while he is still in a cabinet position.
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