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From Abu Ghraib to the ICC?(Insider Report)

The New American

| June 14, 2004 | COPYRIGHT 2004 American Opinion Publishing, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Amid new and increasingly shocking disclosures of torture and other abuses by U.S. personnel at Iraq's Abu Ghraib prison, "China delayed a UN Security Council vote on a controversial measure to extend the immunity of U.S. peace, keeping troops from prosecution for war crimes," reported France's AFP news service on May 22.

Immunity from prosecution by the UN's International Criminal Court (ICC) at The Hague must be renewed annually. In 2002, the Bush administration threatened to veto all UN peacekeeping operations unless the immunity measure was approved. (The appropriate policy, of course, would be not to get involved in such UN military ventures and withdraw from the world body outright.) In addition, Washington has induced 89 countries to sign bilateral immunity accords.

The ICC recognizes a principle called "complementarity," under which the UN's tribunal will forego a prosecution if the offense is adequately prosecuted by an existing national tribunal. This amounts to a tacit recognition of the ICC's primacy, and ...

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