May 6, 2004
Tess Rheinhardt’s analysis of why the unilateralist USA abhors the multilateralist International Criminal Court in Issue #53 is quite poignant. But the “legality of their [the USA’s] rampage through history” would not actually be on trial at the ICC because this international court does not have retroactive jurisdiction. No retroactive jurisdiction is designed in part to encourage past pariah states to reform and commit to good global behaviour in the future. So what is even more terrifying than what Rheinhardt brings up is that in rejecting the ICC, the United States of America is intentionally not pledging to cease war crimes, crimes against humanity or genocide in the future.
Further, though actually signing the Rome Statute to create the ICC, under w.Caesar, the USA went so far as to declare their unsigning of that document in an effort to assert immunity from the ICC. The USA has also enacted legislation asserting their right to retrieve nationals from the ICC, with military force if necessary. This “Hague Invasion Act”–as it is being called–is a unwaveringly bold assertion of how little esteem the USA holds for the rest of the world.
[See the July/August 2004 Adbusters issue for this letter.]
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