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Author
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Topic: Bush and Kerry on the Rome Statute of the World Court
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Trafield
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posted
http://www.abanet.org/journal/ereport/s24prez.html
BUSH, KERRY SPAR OVER INTERNATIONAL CRIMINAL COURT ICC
Among Law-Related Campaign Issues Over Which Candidates Differ
BY JAMES PODGERS
The Bush administration "needlessly alienated our friends and allies by its
ham-handed approach to the issue of the International Criminal Court," says
a statement submitted to the ABA Journal on behalf of Democratic
presidential candidate John Kerry.
But President Bush's campaign says "submission to the jurisdiction of the
ICC would put our troops and officials at unacceptable risk of politically
motivated prosecutions."
{My comment: Not to mention our individual citizens...)
Those contentions are among the two campaigns' responses to a series of
questions on issues of particular interest to lawyers. The ABA Journal
submitted the questions in writing to each candidate through his campaign
staff, and the responses came back through the staffs rather than directly
from the candidates.
Responses to the rest of the ABA Journal's questions are published in the
magazine's October issue. Election day is Nov. 2.
The International Criminal Court was created under a statute negotiated in
1998 in Rome and has been in official existence since July 1, 2002. The Rome
Statute has been ratified by 96 countries, including most European nations
and other U.S. allies. The United States, however, opposes the ICC, claiming
that the court's jurisdiction is too broad and might extend to members of
the U.S. military.
Here are the candidates' responses to two questions concerning international
law issues:
ABA Journal: In pursuing the war against terrorism, how should conflicts
between U.S. policy concerns and the principles of international law be
reconciled?
Bush: International law and the United Nations Charter both affirm the right
of all nations to act in self-defense to safeguard their national security.
There can be no doubt that terrorist groups such as al-Qaida represent a
direct threat to the security of the United States, and that international
law permits the United States to take action, including military action, to
eliminate that threat.
International law also supports the manner in which the United States has
waged its war on terror. The United States is committed to honoring its
treaty obligations, including the Geneva Conventions and the Convention
Against Torture. Although al-Qaida is not a party to the Geneva Conventions,
and although the Taliban has not followed the rules that would qualify its
members for prisoner-of-war protections, I have affirmed that our armed
forces are to treat captured members of al-Qaida and the Taliban humanely,
in keeping with the principles of these conventions. In Iraq, where the
Geneva Conventions apply, the United States has, from the outset, affirmed
our commitment to our military's observance of the conventions' guarantees,
and has taken action to appropriately proceed against those who have
violated the military's rules for the treatment of detainees. In sum, the
United States abides by its international law obligations, and has
aggressively waged its war on terror in a manner that is consistent with
those obligations.
Kerry: As a former prosecutor, I appreciate the importance of the rule of
law and accountability. I would never give any nation or international
institution a veto over our national security. At the same time, we must
uphold U.S. laws and meet our international commitments. America will be
stronger and more secure in a world in which the rule of law is respected.
ABA Journal: The International Criminal Court has been in existence for more
than two years. Under what circumstances would you ask the Senate to ratify
the 1998 Rome Statute that created the ICC? Short of ratification, what
should the relationship between the ICC and the United States be?
Bush: Submission to the jurisdiction of the ICC would put our troops and
officials at unacceptable risk of politically motivated prosecutions. For
this reason, when President Clinton signed the ICC treaty, he explicitly
stated that the treaty would have to be altered significantly before the
United States could consider joining it. The reforms necessary to protect
our troops have not yet been instituted, and until they are, no president
should consider sending the treaty to the Senate for ratification.
I believe that every country is obligated to take action against persons
subject to their jurisdiction who violate fundamental forms of international
law. Where countries are not able to do so, specific international tribunals
can be formed to hold individuals to account, like in The Hague tribunal
that is now hearing the prosecution of Slobodan Milosevic. We are now
working with countries around the world to sign Article 98 agreements. These
agreements, allowed under the Rome Statute, would protect U.S. nationals by
not allowing them to be surrendered to the ICC without the consent of the
U.S. government. I believe this solution will provide needed protections for
our personnel while respecting other countries' desire to join the ICC.
Kerry: The Bush administration needlessly alienated our friends and allies
by its ham-handed approach to the issue of the International Criminal Court.
My administration will carefully consider the full range of U.S. interests
at stake with respect to the court as we review our policy and fashion a
more constructive approach.
Daniel 7:23-27
He gave me this explanantion:
"The fourth beast is a fourth kingdom that will appear on earth. It will be different from all the other kingdoms and will devour the who earth, trampling it down and crushing it. The ten horns are ten kings who will come from this kingdom. After them another king will arise, different from the earlier ones; he will subdue three kings. He will speak against the Most High and opress his saints and try to change te set times and the laws. The saints will be handed over to him for a time, times and a half a time.
But the court will sit, and his power will be taken away and completely destroyed forever. Then the sovereignty power and greatness of the kingdoms under the whole heaven will be handed over to the saints, the people of the Most High. His kingdom will be an everlasting kingdom, and all rulers will worship and obey him."
Daniel 9:27
He will confirm a covenant with many for one 'seven.' In the middle of the 'seven' he will put an end to sacrifice and offering. And on a wing of the temple he will set up an abomination that causes desolation, until the end that is decreed is poured out on him.
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