Monday, May 10, 2004

Was anybody asking why?

Back in September of last year (coincidentally, the time the Taguba report states grievous abuses occurred at Abu Ghraib was October to December 2003) when the U.S. was handing down a deadline for countries to exempt us from the International Criminal Court ( and therefore war crimes trials) or lose military and other financial aid, was anybody asking why?

Anybody?

As part of the United States' campaign to exclude its citizens and military personnel from the jurisdiction of the ICC, the Bush administration has been approaching countries around the world seeking to conclude Bilateral Impunity Agreements (BIAs), or so called "Article 98" agreements. These agreements prohibit the surrender to the ICC of a broad scope of persons including current or former government officials, military personnel, and US employees (including contractors) and nationals. These agreements, which in some cases are reciprocal, do not include an obligation by the US to subject those persons to investigation and/or prosecution.

...Indeed, the United States is isolated in its aggressive, disrespectful and unfair campaign aimed at undermining the authority and effectiveness of the ICC. Victims and the world community view the US as a hegemonic super power that refuses to be under the rule of law, and yet imposes its own order on other states and citizens. The US' intention to create a two-tier justice system, one for the rest of the world and one for Americans, is just unacceptable.
  Third World Traveler article

With a little hindsight, I'd say the intention was to effect an immediate loophole for a situation that was well under way and almost certain to become public. To add insult to injury, maybe it didn't have to be hindsight. Some dedicated investigative journalists or curious congresspersons might have attempted to uncover why the pressure was being put on these countries to exempt us from war crimes, and perhaps prevented the worst of the events at Abu Ghraib.

....but hey, do what you want....you will anyway.