The U.S. is no longer a signatory to the Rome Statute, John Bolton withdrew our signature about the same time they started torturing Abu Zubaydah, calling it the greatest moment of his life. The reason for doing that is somewhat complicated and has to do with the Vienna Convention, which the U.S. hasn’t ratified, but which has been said to be so close to just a documentation of the way treaties are already done, that it doesn’t really need ratification, but you can bet the Bush people will make a big deal out of the U.S. not ratifying it. It says that a country that has signed but not ratified a treaty is obligated to abide by the treaty, but not to aggressively apprehend its offenders. They wanted to be absolutely certain that no one could make a U.S. offender show up at the ICC.

The Security Council can refer cases to the ICC, the prosecutor can also undertake investigations resulting in a case before the ICC, and anyone can ask the prosecutor to look at a case (for instance, any of the victims in the PHR report could ask for an investigation, and probably be taken seriously). Only the prosecutor or the Security Council and countries with jurisdiction have standing to require a case. The prosecutor will not do so if there is a reasonable belief that the country in whose jurisdiction the crimes took place still intends to prosecute. If it can be shown that they no longer will, or that they are shielding someone from prosecution, then any country can go before the court and ask for the prosecution, in the case of laws for which there is a universal obligation (grave breaches, torture, genocide). That latter route is why Philippe Sands said that modifying the War Crimes Act and Torture Act in the MCA was significant: it indicates that the U.S. is not only not interested in prosecuting, it is interested in immunizing perpetrators.

Incidentally, both the U.N. Committee on Torture and Sands have said that other countries do not care how the U.S. modifies its implementation or what commentaries it wants to write, a treaty is a treaty and they expect all of the CATCIDT to be adhered to, and believe they eventually have the right to prosecute if it’s not.

(FYI the treaties and commentaries are not that hard to read, compared to the things you lawyers read in U.S. law, I’m a humanitarian not a lawyer, but you people should find them a breeze)

Bugliosi prosecuted 22 cases of murder…never lost one of them. He is serious about this…

It’s good that he’s very good at his job. But, you don’t really want a prosecutor who WANTS the job. At best Bugliosi should be an assistant.

Who in the US would try these people for war crimes? What court?

Probably a US Attorney (like Iglesias was) in a Federal District Court with a dopey judge appointed by Reagan.

‘Brenda’ Starr and Wolfie now “reporting” on this very thing,

Isn’t it amazing when a cartoon character and a hairy beast can be reporters? Heh

Wilkerson pointed the finger at Cheney today, by saying that Addington would not have acted without Cheney being involved. He clearly said that Addington, Yoo, Bybee gave Rummy and his crew the backing to create the program in DOD that directly led to Abu Gharib. He said that Addington was at the apex and was the mind behind creating the legal policy to support it…it being what Rummy wanted.

I don’t believe Dubya would have allowed Cheney to be the apex of anything unless he gave his okay first. I suspect it was Gonzales who ‘ran’ those meetings and forced the agenda, but that they all willingly worked together toward a common goal of power power power.

Angers me when on air personalities like Morning Joe state that the “average Joe” doesn’t care about the torture that is occurring
in our name.

What does it matter if the “average Joe” doesn’t care. That doesn’t mean the Law doesn’t exist. That doesn’t mean it’s unimportant important for government to uphold the Law.

Those laws exist for very good reasons that an “average Joe” would appreciate if he were to hear learned people explain them. In fact, he might even be mightily pissed off that politicians decided to muck things up.

wow, reading that stuff is like having my worst fears confirmed. chilling, truly chilling. It is upsetting this crap is happening, I’d like to think it’s a case of power drunk people losing perspective, but the fact that it is all so premeditated is really freaking me out.

I’m glad you guys are here to hold my hand and turn the night light on.

Bob in HI
temporarily in So Cal