While we were ticking off the
final minutes of the millennium, President Clinton was ticking off yet
another order for his already dubious legacy. In the late hours of Dec.
31, 2000, President Clinton made a call from Camp David to David J. Scheffer,
the U.S. Ambassador-at-large for war crime issues.
During that call Scheffer was
instructed to go to United Nations headquarters in New York City and sign
the 1998 Treaty of Rome establishing an International Criminal Court (ICC).
Midnight on Dec. 31 was the deadline for signing countries to get on board
with the treaty. Beginning Jan. 1 the only way a country could become
affiliated with the treaty is through ratification. What exactly does
this mean for Americans?
The International Criminal
Court, as outlined in the 1998 Treaty of Rome, is to be the world's first
permanent international war crimes tribunal for people accused of "crimes
against humanity." The ICC will fall under the jurisdictional umbrella
of the United Nations and will wield its global authority through a panel
of 18 judges.
Under the treaty, U.S. service
men and women serving anywhere outside of the United States could be charged
with a crime, apprehended, and brought to justice without benefit of American
due process laws or other rights under the U.S. Constitution.
In addition, the treaty grants
the ICC jurisdiction over legislators, parliamentarians, and even heads
of state. Article 28 of the treaty allows for senior officers and commanders
to be held accountable for crimes committed by their subordinates, even
without their having had prior knowledge that such activity was about
to take place.
In classic double-speak designed
to lull us into a false sense of security, the treaty only aims to prosecute
and try criminal cases if the country of origin cannot or will not do
so themselves. What does this mean exactly? If a U.S. Court fails to produce
the evidence necessary to bring a conviction and dismisses a case, then
the ICC can take the case to The Hague. That's double jeopardy. Scary?
You bet.
The caveat for freedom lovers
and those otherwise still committed to the notion of American sovereignty
is that such a treaty, having received presidential authorization for
acceptance, must now be ratified by the U.S. Senate. Now President-elect
George Bush and his entourage of political appointees can add this stinky
ICC business to the already long list of reign of error gaffes to be reexamined,
and hopefully overturned. Buckle your seatbelts, folks, it ain't over
yet.
What is most compelling to
me is that Clinton authorized U.S. acceptance of the treaty despite his
own reservations about some of the language within the document. In a
statement issued at the White House, Clinton stated that, "we are
concerned that when the court comes into existence, it will not only exercise
authority over personnel of states that have ratified the treaty, but
also claim jurisdiction over personnel of states that have not."
He went on to say that the treaty should not be submitted to the Senate
this some sort of procedural vote so that the U.S. can stay in the UN/ICC
game and help make the rules? It would seem so.
There was immediate response
from conservatives and anti-UN activists to block the punt, or recover
the fumble, if you will. Some are calling for Bush to bring the treaty
to the floor of the Senate right away where it will surely be defeated,
thereby killing it once and for all in the U.S.
Others have suggested that
Bush should "unsign" the treaty, but no apparent precedent exists
for such an act, which would (politically speaking) represent the erasure
of a mistake.
Senator Jesse Helms (R-NC)
called the ICC a "kangaroo court," and vowed to block the treaty
at the Senate floor. Sen. Helms has been perhaps the harshest critic of
the United Nations and its far reach in to the coffers of the American
treasury and storehouses of freedom.
That Clinton's action was taken
despite official opposition at the Pentagon could perhaps be the final
insult to American service men and women, who no doubt thought that the
dispensation in many cases of their right to vote in the November election
was insult enough.
Call your senators and let
them know that you support our military personnel and will not tolerate
this treaty and the "kangaroo court" it purports to establish.
America is a sovereign nation. We will remain a free nation as long as
we are willing to guard with our lives the cause of liberty and the laws
of the Constitution.
We have an extraordinary obligation
to uphold the laws preserving the rights of our service men and women
who lay their lives on the line every day upholding our freedom.
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