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Of course, the law has always been a political travesty. Examples are omnipresent:
> Nuremberg - where the Allies decide that torching enemy cities isn't a crime because they themselves engaged in the practice,
> the US treatment of prisoners of war who are reclassified into... what was it - enemy combatants or something fuzzy - thereby 'legally allowing' the US to torture,
> The bombing of Yugoslavia without a UN resolution, the destruction of its civilian infrastructure,
> The invasion of Iraq, ...
And all of it was deemed 'legal' in London, Washington, or wherever else the decisions were taken.
by vladimir on Mon Mar 16th, 2009 at 04:17:21 AM EST
[ Parent ]
I think the law is ok, if impractical: only the Security Council can authorize any intervention, and I know they can instruct the ICC to open an investigation. Though I don't know if any other party can. I believe signatories to the genocide convention are obligated (or may) bring a case to the ICC or ICJ or something.

But once something hits the Security Council, it all appears political What the UN needs is a citizenship of its own..

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

by papicek (papi_cek_at_hotmail_dot_com) on Mon Mar 16th, 2009 at 05:46:05 AM EST
[ Parent ]
I've seen all sorts of characterizations about Kosovo, one of my favorites is that it was "illegal but legitimate." How Orwellian can you get? The hair they split there is that since diplomatic, legal efforts failed the intervention was legitimized (they must mean politically) by the perceived need to save lives.

I know no one - ot a single person - who would even try to justify Gitmo. Why the world doesn't prefer charges against Rumsfeld, Yoo, Addington, Cheney, Bush et al is beyond me. There is at least one city here in the US who passed a law ordering the arrest of Cheney should he go there. Look at Bashir in Sudan. Not being a party to the ICC is no longer a barrier to prosecution.

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

by papicek (papi_cek_at_hotmail_dot_com) on Mon Mar 16th, 2009 at 06:13:03 AM EST
[ Parent ]

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