Intl. Criminal Ct. claims jurisdiction over U.S. soldiers in Afghanistan

[chanel]

Secretary of State Hillary Clinton expressed "great regret" in August that the U.S. is not a signatory to the International Criminal Court (ICC). This has fueled speculation that the Obama administration may reverse another Bush policy and sign up for what could lead to the trial of Americans for war crimes in The Hague.

The ICC's chief prosecutor, though, has no intention of waiting for Washington to submit to the court's authority. Luis Moreno Ocampo says he already has jurisdiction—at least with respect to Afghanistan.

Because Kabul in 2003 ratified the Rome Statute—the ICC's founding treaty—all soldiers on Afghan territory, even those from nontreaty countries, fall under the ICC's oversight, Mr. Ocampo told me. And the chief prosecutor says he is already conducting a "preliminary examination" into whether NATO troops, including American soldiers, fighting the Taliban may have to be put in the dock.

"We have to check if crimes against humanity, war crimes or genocide have been committed in Afghanistan," Mr. Ocampo told me. "There are serious allegations against the Taliban and al Qaeda and serious allegations about warlords, even against some who are connected with members of the government." Taking up his inquiry of Allied soldiers, he added, "there are different reports about problems with bombings and there are also allegations about torture."

It was clear who the targets of these particular inquiries are but the chief prosecutor shied away from spelling it out.

There is also the issue of whether Predator strikes of unmanned drones targeting terrorist leaders in Afghanistan and Pakistan—as carried out in the very first week of the Obama presidency—are part of the bombings he's looking into. Mr. Ocampo chuckled and answered evasively. "We have people around the world concerned about this," he said, and when pressed, added, "Whatever the gravest war crimes are that have been committed, we have to check."

Daniel Schwammenthal: Prosecuting American 'War Crimes' - WSJ.com

Unbelievable.

 

[JW Frogen]

War is by definition the collapse of law.

Those who fight to re-impose rule of law must not be mauled by law for fighting for it in a Hobbsian "all against all" vacum, as they must, out side the rule of law: for fighting those who would destroy rule of law forever.