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We will know there has been a sea change in American attitudes when we see the first US defendant charged with torture or war crimes before the International Court of Justice.

This will take a real sea change in American politics, as the American Servicemembers' Protection Act specifically prohibits the US from allowing any of its nationals to be tried before the ICC.

"PROHIBITION ON RESPONDING TO REQUESTS FOR COOPERATION- Notwithstanding section 1782 of title 28, United States Code, or any other provision of law, no United States Court, and no agency or entity of any State or local government, including any court, may cooperate with the International Criminal Court in response to a request for cooperation submitted by the International Criminal Court pursuant to the Rome Statute."


"It Can't Be Just About Us"
--Frank Schnittger, ETian Extraordinaire
by papicek (papi_cek_at_hotmail_dot_com) on Sat Nov 8th, 2008 at 07:33:28 PM EST
Full text of ASPA.

Section 2008 of the act gives blanket authority to the President for an invasion of Belgium to free any national or designated ally being tried before the ICC:

SEC. 2008. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND CERTAIN OTHER PERSONS DETAINED OR IMPRISONED BY OR ON BEHALF OF THE INTERNATIONAL CRIMINAL COURT

Frankly, I don't believe the congressional democrats are willing to spend the political capital needed to repeal this, even noting the fact that leaving a blanket authorization for the use of military force is insane.

This kind of nationalism enjoys as broad a support in the US. We're a nation of jihadists.

"It Can't Be Just About Us"
--Frank Schnittger, ETian Extraordinaire

by papicek (papi_cek_at_hotmail_dot_com) on Sat Nov 8th, 2008 at 07:59:06 PM EST
[ Parent ]
Netherlands.

*Lunatic*, n.
One whose delusions are out of fashion.
by DoDo on Sun Nov 9th, 2008 at 05:21:05 AM EST
[ Parent ]
[sigh...]

Usually I'm better than that. Thanks.

"It Can't Be Just About Us"
--Frank Schnittger, ETian Extraordinaire

by papicek (papi_cek_at_hotmail_dot_com) on Mon Nov 10th, 2008 at 07:30:31 PM EST
[ Parent ]
In the Roman empire, a Roman citizen could only be tried by a Roman court under Roman law - that is the essence of what imperialism is about: everyone is subject to our laws, but we're not subject to theirs.  The reason I chose that as a defining example is that I believe Neo-conservatism is only he most extreme form of US imperialism - many, perhaps the majority of American's would balk at - say Dick Cheney - being tried by the ICJ in the Hague - regardless of the merits of the case or whether he were ultimately found guilty or innocent.

Thus Obama is inheriting a polity which is fundamentally imperialist - Democrats as well as Republicans, and quite a few "progressives" as well have a contempt for the UN, for international law, and for American's tried under international law.  These attitudes run much deeper than the Obama/Bush divide, and until that changes, the US will continue to be a source of instability in the world - with US Corporations, Mercenaries, and Armed Forces acting with impunity around the world.

My next diary should perhaps be entitled "The limits of US Liberalism".

notes from no w here

by Frank Schnittger (mail Frankschnittger at hot dotty communists) on Sun Nov 9th, 2008 at 09:54:02 AM EST
[ Parent ]
about public diplomacy (I just finished reading a thoughtful proposal commissioned by the Council on Foreign Relations) I was struck by how much the US is represented by Rambo movies, McDonald's, KFC, Coca Cola, American Idol, etc. Never mind Union Carbide, Exxon-Mobil, Halliburton, etc. Never mind the past 8 years of official foreign policy.

This sort of drove me into a tailspin thinking about the notion of America's role in the world. Anything the Obama election might have done for the US needs to be viewed from the bottom of that deep, deep hole we've dug for ourselves.

Policy is just another expression of a society's culture and that being the case, we've cause to be humble indeed.

"It Can't Be Just About Us"
--Frank Schnittger, ETian Extraordinaire

by papicek (papi_cek_at_hotmail_dot_com) on Mon Nov 10th, 2008 at 08:03:15 PM EST
[ Parent ]

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