Where
is it taken from?
a)
http://www.rarebooks.nd.edu/Exbt/Inquisition/InqText/links.html
b)
http://www.ninehundred.net/control/mc-ch8.html
c)
http://www.un.org/law/icc/statute/romefra.htm
Road-tested
in ICTY http://www.un.org/icty/
Coming
to locale near you soon !
In an effort to placate critics of the UN’s proposed International Criminal Court (ICC), defenders of the envisioned world tribunal have placed great emphasis upon the concept of "complementarity," under which the ICC would intervene to try suspects only when there is no prospect of a legitimate trial being held in the suspect’s own country. This arrangement would still be unacceptable under the U.S. Constitution, since it would, in principle, make the ICC the world’s supreme appellate court. However, recent developments in Yugoslavia illustrate that the concept of "complementarity" is a lure, since the UN has no intention of being bound by it.
In early 1999, as the UN’s NATO affiliate was conducting its illegal bombing campaign against Serbia, then-Secretary of State Madeleine Albright induced Carla Del Ponte, the chief prosecutor at the UN’s International Criminal Tribunal for Yugoslavia (ICTY), to indict Slobodan Milosevic for "war crimes."
The indictment was primarily a propaganda initiative intended to eclipse international criticism of NATO’s attacks on civilian targets. However, in spite of the fact that Milosevic was removed from power in late 2000 and faces the prospect of a trial under the successor government of Vojislav Kostunica, Milosevic’s anti-Communist successor, the ICTY insists that Yugoslavia must extradite the former dictator to The Hague for trial under UN auspices.
Del Ponte descended upon Belgrade in late January to make her demands in person. President Kostunica initially refused to meet with her, quite reasonably pointing out that she held no legitimate diplomatic portfolio or position that entitled her to an audience and that "there are many more competent people to deal with the issue." He later changed his mind, explaining that he wished to discuss with Del Ponte the possibility of an ICTY investigation into potential war crimes committed by NATO. He also promised to make public any sealed indictments he was given by the prosecutor. "Sealed indictments are simply shameful for all those who have known for centuries what law is and what law should be," observed Kostunica, an attorney who translated the Federalist Papers into Serbo-Croatian.
After meeting with Kostunica, who rejected the demand to extradite Milosevic, Del Ponte complained in a press conference that the Yugoslav president was "not properly informed" about the ICTY and its functions. "He can and must change his mind," railed the prosecutor. "Full cooperation with my office cannot be avoided if Yugoslavia wants full membership in the international community. If there is no cooperation, new sanctions can be imposed." <end>
/for
fair use /
[1]
Dempsey, Gary T. "REASONABLE DOUBT", CATO
http://www.cato.org/pubs/pas/pa-311.html
[2}
Paul, R. International Criminal Court is the Latest U.N. Outrage
http://www.house.gov/paul/tst/tst2001/tst010801.htm
[3]
Lucier, James P. Foreign Policy 101 INSIGHT
http://www.insightmag.com/archive/200102190.shtml
[4]
Chandler,Dr D. ‘INTERNATIONAL JUSTICE’ AND THE END OF INTERNATIONAL LAW
http://groups.yahoo.com/group/sorabia/message/12064
[5]
Hirsen, Dr. James A Global Court of Injustice
http://www.newsmax.com/commentarchive.shtml?a=2001/1/5/075033
[6]
Schaefer,Brett D. New world court out of order
http://www.thelibertycommittee.org/iccschaefer1.16.01.htm
[7]
Rubin, Alfred P. "CHALLENGING THE CONVENTIONAL WISDOM"
http://personal.centre.edu/~samhat/ICCanti.html
More
about ICTY:
[1]
Brock, Peter: "The Hague: experiment in Orwellian justice"
http://groups.yahoo.com/group/sorabia/message/12214
[2]
Chris, B. "An Impartial Tribunal?" Transnational Foundation
http://www.transnational.org/features/impartialtribunal.html
[3]
Rubin,Alfred P. "Dayton, Bosnia and the Limits of Law"
The
National Interest, Number 46,Winter 1996/97
http://groups.yahoo.com/group/sorabia/message/12062
More
about Kostunica:
[1]
http://groups.yahoo.com/group/sorabia/message/12024
[2]
http://memory.loc.gov/const/fed/fedpapers.html
More
about "what law is and what law should be"
[1]
http://www.law.cornell.edu/constitution/constitution.overview.html
[2]
http://www.nara.gov/exhall/charters/magnacarta/magintrp.html
Enough
of Del Ponte: [Interview for LA Times]:
'As
we look at the statutes of the proposed International Criminal Court, I
am concerned that states, in their own narrow interests, are beginning
to recoil from the idea of international justice. But IF WE LOSE OUR NERVE
NOW it may take centuries to recover the resolve to assert law over violence.'