not fooling anybody…

Posted on Friday 3 September 2010

So it was a Thursday night and I was catching up on my reading. I was perusing the recent 900+ page dump of John Yoo’s emails from the latest CREW FOIA  [in non-secret accounts]. I ran across a State Department summary of the world reaction to Bush withdrawing us from the treaty that was setting up the International Criminal Court [in case you don’t remember what that is, here are my summaries from before]:
It’s hard for me to accept that my country, the United States of America, land of the free and home of the brave, was [and is] a major force opposing a World Court to oversee criminal wars. President Clinton had only signed on tentatively. His reluctance was over worries that U.S. citizens might be prosecuted for our intervention in Bosnia and Herzegovina. But then:
After the Rome Statute reached the requisite 60 ratifications in 2002, President George W. Bush’s Administration sent a note to the UN Secretary General on May 6, 2002. The note suspended the signature of the US and informed the Secretary General that the US recognized no obligation toward the Rome Statute. In addition, the US stated that its intention not to be become a member state be reflected in the UN depositry’s list. This is because signatories have an obligation not to undermine the object and purpose of a treaty. The US could engage with the Court by reactivating its signature to the Rome Statute by a letter to the UN Secretary General. A treaty that is not ratified is not legally binding.
What was going on in that summer of 2002? Well, we regular Americans were driving around with magnetic American Flags on our cars, still reeling from 9/11. Behind closed doors, the Bybee/Yoo torture memos were framed and signed. Abu Zubaydah and Ibn al-Shaykh al-Libi were in custody and being tortured. Bush had introduced the "Bush Doctrine" in his West Point Commencement Address. The WHIG group was about to be formed to advertise the coming invasion of Iraq. According to the Downing Street Memo, our war plans were set and we were going to skip the UN. So Bush’s withdrawing from the World Court [ICC] was a harbinger of things to come.

Below, I’ve reproduced just the first two pages of this State Department summary of the world’s reaction. It’s followed by a country by country summary – scathing! This about sums it up, "The universal bone of contention was that Washington is ‘undermining’ international principles pertaining to human rights, peacekeeping and the rule of law that the U.S. itself was instrumental in establishing." "Consequently, the U.S. refusal to recognize the ICC’s authority was seen as an attempt to help Israel escape prosecution for its ‘war crimes’ in Palestine and for the U.S. to avoid its own ‘war crimes’ in Afghanistan and those it ‘plans to commit in Iraq.’" Read it knowing this is your country they’re talking about. We were not fooling anybody…

FOREIGN MEDIA REACTION
ISSUE FOCUS
DEPARTMENT OF STATE

RESEARCH DEPARTMENT
Wednesday July 3, 2002

ICC: U.S. ’GOING IT ALONE’ AND BOSNIA DISPUTE SPOIL COURT’S OPENING DAY

KEY FINDINGS

    – U.S. objections to the ICC and its "threat" to veto the UNSC extension of the Bosnia peacekeeping mission were denounced worldwide as the ultimate in U.S. "arrogance."
    – Despite efforts to forge a deal on Bosnia, European critics balked at the bid for immunity, convinced that concessions would undermine the ICC and jeopardize UNPK missions.
    – Some, mainly in conservative European outlets, found the U.S. reservations ’Justified," but worried about this "row" widening the "gap" between both sides of the Atlantic.
    – Arab writers interpreted the U.S. bid for immunity as Washington’s attempt to remain unfettered in an anti-terror war against Arabs.
    – Observers in Asia, Latin America and Africa saw the world embarking on a new era in international law without the increasingly "isolated" U.S.

REGIONAL VIEWS:

EUROPE:
U.S. ’alone’ and putting itself above the law. The most strident critics in Britain, France, Italy, Germany, Russia, Belgium, G reece, Norway, Spain, Sweden and elsewhere judged the U.S. action as the most "severe attack on international law so far" and as an affront to its "international obligations." Many complained of "superpower hubris," troubled by what a Rome daily called a "new Bush doctrine of global impunity." Papers from London to Pristina portrayed the U.S. use of its UNSC power as tantamount to "blackmail" and echoed Moscow’s reformist Vremya Novostev’s conclusion that Washington was using its muscle "to dictate the rules of the game to the rest of the world." Accusing the administration of "strangling at birth" a UN institution "for the defense of human rights," London’s independent Financial Times led the common charge that the U.S. move was "politically short-sighted" since it would alienate its allies at a time when "unity is called for in the alliance against…terrorism."

Most Say U.S. worries unfounded. A prevailing view was that there was nothing to "fear" about the ICC exerting "undue influence"on any country, suggesting that U.S. worries about subjecting its citizens to "random judgment" were "manufactured" and its sovereignty concerns "exaggerated." On behalf of ICC defenders who believed that the "rules for a fair tribunal" were in place, Berlin’s right-of-center Die Welt argued that the U.S. view was based on an understanding of sovereignty that "has probably been overtaken by historical events." Critics on the left charged that the president’s objections to the ICC-were not "motivated by concerns of U.S. soldiers," but by his goal of "solidifying his power" ahead of the November elections.

But some understand American opposition. Countering the charges piling up against the U.S., some conservative and center-right dailies in Germany and Belgium aimed their criticism at European "self-righteousness." These analysts contended that the U.S. was carrying the greater peacekeeping "burden" to keep the world "more or less stable," suggesting that Europe was "incapable" of putting out fires in its own backyard – was in no position to complain. They also worried about the danger of a U.S.-EU divide. As Brussels’ Christian-Democrat De Standaard put it: "Americans can be blamed, for many things," but argued that Europe’s unbelievable self-complacency" was also at fault.

MIDEAST:
U.S. defender Israel squares off with Arabs. Both Israelis and Arabs viewed theICC issue as an extension of the U.S.-Israeli symbiosis in fighting terrorism. From the Arab standpoint, the U.S. is directing its anti-terrorism war at Arabs and is backing regional proxy Israel in a race war against the Palestinians. Consequently, the U.S. refusal to recognize the ICC’s authority was seen as an attempt to help Israel escape prosecution for its "war crimes" in Palestine and for the U.S. to avoid its own "war crimes" in Afghanistan and those it "plans to commit in Iraq." For its part, an Israeli daily ardently defended the U.S. concern about the court being a political entity as opposed to a judicial body. Political prosecutions are entirely possible, the paper argued, "in the hands of bureaucrats that only the good lord knows who they actually represent."

EAST/SOUTH ASIA:
All critical, see U.S. ’losing moral authority.’ Observers in India, Pakistan, Sri Lanka, Australia, Japan, Hong Kong (SAR) and Singapore saw a "doctrinaire" Bush administration" again in "unilateralist overdrive" following its standoff with U.S. allies over the ABM treaty and the environment. The universal bone of contention was that Washington is "undermining" international principles pertaining to human rights, peacekeeping and the rule of law that the U.S. itself was instrumental in establishing. Meanwhile, Karachi-based pro-Islamic unity Jasarat insisted that the U.S. "be tried for war crimes for killing scores of innocent citizens ¯ participating in a wedding ceremony in Afghanistan."

AFRICA/LATIN AMERICA:
Disappointment in champion of human rights, rule of law. Observers in Nigeria, Senegal, South Africa, Argentina and Brazil. similarly saw "President George W. Bush’s. unilateralism" choosing a "new target" in the ICC. All were dismayed by Washington’s "obstructionism" of the global judiciary and the U.S. "alignment" with the likes of Russia and China in opposing the world court. A Nigerian daily joined those in other regions¯ who accused the U.S. of pursuing a judicial "double standard" by supporting war crimes tribunals and extraditions and then demanding immunity for its nationals in the new ICC.

pages 579-560
  1.  
    Joy
    September 5, 2010 | 7:47 AM
     

    Just read Frank Rich’s op-ed in the NYtimes and it’s right on. I hope President Obama reads it and makes another speech about why were all feeling very depressed and who caused this mess. We of similar minds having been saying that those who caused this debacle have to be punished or this will happen again. Never mind moving forward for the country’s sake because the people who caused this Iraq mess are now coming out of the woodwork to praise themselves and they are now giving us advice on what we need to do to another country. They need to be stopped in their tracks with shame and punishment not given platforms to make more war. Obama and company need to use lots of wisdom not forgiveness for their immoral behavior.

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