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ICC threat grows.(Ahead Of The Curve)

The New American

| July 26, 2004 | McManus, John F. | 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

ITEM: On June 23, the United States announced that it would not continue its effort to claim immunity for its military personnel from prosecution by the UN's International Criminal Court (ICC). Claiming that U.S. forces in Iraq will not be affected by the Bush administration's cave-in because our nation is not an official "member of the tribunal," the New York Times reported on June 24 that the 1CC's "jurisdiction is limited to countries that do not themselves prosecute crimes by their military." Its article noted that members of the Security Council that had previously granted an exemption for U.S. personnel were reluctant to extend the exemption "because of the prison scandal in Iraq and strong opposition from Secretary-General Kofi Annan."

The Times subsequently published law professor Pamela S. Falk's letter pointing to "wider powers" of the Security Council that enable it to punish crimes if a country is shielding someone from prosecution. Falk claimed that the ICC possessed these wider powers and that it could indeed bring "war crimes charges against American forces" even though our nation had never become an ICC member. Also, she raised the possibility that the newly formed "sovereign government of Iraq" could itself initiate a process that would result in American military personnel being charged by the ICC.

AHEAD OF THE CURVE: Our July 3, 2000 issue stated: "According to ...

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Source: HighBeam Research, ICC threat grows.(Ahead Of The Curve)

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