Kostunica, constitutional lawyer who translated "The Federalist Papers" into Serbian, has a tough decision to make.
Decision will impact other countries, including U.S. that can not be bullied as easily as nearly-bankrupt Yugoslavia.
defended the World from bullies in WWII and won.
U.S. defended Europe from bullies 1945-89 and won.
U.S. should defend itself from the new bully today.
Before the bullies win.
Helping Kostunica would be the first step.
Former President Clinton stated upon authorizing U.S. signing of the 1998 Rome Treaty on the ICC:
signing, however, we are not abandoning our concerns about significant
flaws in the Treaty...Given these concerns, I will not, and do not recommend
that my successor, submit the Treaty to the Senate for advice and consent
until our fundamental concerns are satisfied.''
What the "signifficant flaws" and "concerns" may be:
Quote:"In deciding whether to initiate an investigation, the Prosecutor shall consider whether:
Taking into account the gravity of the crime and the interests of victims,
there are nonetheless substantial reasons TO BELIEVE THAT AN INVESTIGATION
WOULD NOT SERVE THE INTERESTS OF JUSTICE
If the Prosecutor determines that there is no reasonable basis to proceed and his or her determination is based solely on subparagraph(c) above, he or she shall inform the Pre-Trial Chamber." <end quote> Part 5, Article 53 http://www.un.org/law/icc/statute/romefra.htm
Further reading reveals:
for any reason "to ensure that the person does not obstruct or endanger
the investigation or the court proceedings."(Art. 59)
-Secret trials (Article 64,sec.7)
-Evidence withheld from the defense(Article 68, sec. 1-6)
-Accused may be held in detention even when acquitted (Art 81,sec.3c)
-"provisional arrest" (Articles 92, 59)...
Wherethose concepts, alien to Western principles of jurisprudence came from? http://www.google.com/search?q=vishinsky+moscow+trials It is hard to tell.
Where those concepts, alien to Western principles of jurisprudence are used today? http://www.un.org/icty/
In The International Criminal Tribunal for the former Yugoslavia, precursor of International Criminal Court (ICC).
This is what President Kostunica's decision is all about.
Peter: "The Hague: experiment in Orwellian justice"
Mediterramean quarterly. 7(4) Fall 1996 : 55-74.
Constitution of the United States of America:
P. Rubin: CHALLENGING THE CONVENTIONAL WISDOM
P. Rubin Dayton, Bosnia and the Limits of Law
"The National Interest" Number 46,Winter 1996/97
T. Dempsey: REASONABLE DOUBT
Thomas Fleming TODAY SARAJEVO, TOMORROW CHICAGO: