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	<title>Comments on: International Criminal Court</title>
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	<link>http://donklephant.com/2006/08/16/international-criminal-court/</link>
	<description>Big Teeth. Huge Ass. Surprisingly Reasonable.</description>
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		<title>By: EnglishEuropean</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-66555</link>
		<dc:creator>EnglishEuropean</dc:creator>
		<pubDate>Thu, 31 Aug 2006 20:37:44 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-66555</guid>
		<description>A couple of points:

A few contributors talked about what the court &quot;would&quot; be like. Actually, the court is a reality today and its law is in force in 102 countries across the world including nearly all of Europe and Latin America  (See here) . One person - a Congolese warlord - has already been  arrested and charged  with the war crime of conscripting child soldiers and several more investigations have been started. Perhaps a more informed debate would follow if people looked at the actual record of the court.

Secondly, being a member of the court commits a country to allowing an outside court to prosecute your own leading politicians if they commit serious crimes.  Very few dictatorships or theocracies have signed up  - as you would expect. The court is led by countries with strong democratic credentials.</description>
		<content:encoded><![CDATA[<p>A couple of points:</p>
<p>A few contributors talked about what the court &#8220;would&#8221; be like. Actually, the court is a reality today and its law is in force in 102 countries across the world including nearly all of Europe and Latin America  (See here) . One person &#8211; a Congolese warlord &#8211; has already been  arrested and charged  with the war crime of conscripting child soldiers and several more investigations have been started. Perhaps a more informed debate would follow if people looked at the actual record of the court.</p>
<p>Secondly, being a member of the court commits a country to allowing an outside court to prosecute your own leading politicians if they commit serious crimes.  Very few dictatorships or theocracies have signed up  &#8211; as you would expect. The court is led by countries with strong democratic credentials.</p>
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		<title>By: Joshua</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62132</link>
		<dc:creator>Joshua</dc:creator>
		<pubDate>Thu, 17 Aug 2006 14:50:19 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62132</guid>
		<description>Also, what is to prevent any nation from putting a would-be ICC suspect through a sham investigation or even a sham show trial and &lt;b&gt;acquitting&lt;/b&gt; them, for the express purpose of shielding them from an ICC trial? Would the ICC send observers to monitor domestic proceedings to prevent countries from exploiting the four safeguards in this fashion? They&#039;d have to, in order to prevent the ICC from becoming a mockery.</description>
		<content:encoded><![CDATA[<p>Also, what is to prevent any nation from putting a would-be ICC suspect through a sham investigation or even a sham show trial and <b>acquitting</b> them, for the express purpose of shielding them from an ICC trial? Would the ICC send observers to monitor domestic proceedings to prevent countries from exploiting the four safeguards in this fashion? They&#8217;d have to, in order to prevent the ICC from becoming a mockery.</p>
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		<title>By: Glen Wishard</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62064</link>
		<dc:creator>Glen Wishard</dc:creator>
		<pubDate>Thu, 17 Aug 2006 04:17:31 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62064</guid>
		<description>&lt;blockquote&gt;The proposed court is a court of only last resort. Under the principle of complementarity, the court will not be allowed to act when national judicial systems are available and willing to prosecute suspects. &lt;/blockquote&gt;

Wow, what a stunning concession.  We can prevent anti-semites and conspiracy-crazed leftist lunatics from indicting our officials, simply by indicting them ourselves.</description>
		<content:encoded><![CDATA[<blockquote><p>The proposed court is a court of only last resort. Under the principle of complementarity, the court will not be allowed to act when national judicial systems are available and willing to prosecute suspects. </p></blockquote>
<p>Wow, what a stunning concession.  We can prevent anti-semites and conspiracy-crazed leftist lunatics from indicting our officials, simply by indicting them ourselves.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62052</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Thu, 17 Aug 2006 03:06:15 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62052</guid>
		<description>Augusto Pinochet.  BTW, here is the page for the ICC. http://www.icc-cpi.int/chambers/judges.html</description>
		<content:encoded><![CDATA[<p>Augusto Pinochet.  BTW, here is the page for the ICC. <a href="http://www.icc-cpi.int/chambers/judges.html" >http://www.icc-cpi.int/chambers/judges.html</a></p>
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		<title>By: PatHMV</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62048</link>
		<dc:creator>PatHMV</dc:creator>
		<pubDate>Thu, 17 Aug 2006 03:00:16 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62048</guid>
		<description>Also, Eteraz, even if the judges were as wonderful as you say (I haven&#039;t met them, myself, and have no knowledge of their experience or selection process), that&#039;s not enough. What about the prosecutors? Who will decide which cases to bring before the court? I am not willing to allow my elected leaders to be hauled before some international tribunal for decisions they made to protect my interests, even if some judge a year or two or three down the road would ultimately toss the case out.</description>
		<content:encoded><![CDATA[<p>Also, Eteraz, even if the judges were as wonderful as you say (I haven&#8217;t met them, myself, and have no knowledge of their experience or selection process), that&#8217;s not enough. What about the prosecutors? Who will decide which cases to bring before the court? I am not willing to allow my elected leaders to be hauled before some international tribunal for decisions they made to protect my interests, even if some judge a year or two or three down the road would ultimately toss the case out.</p>
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		<title>By: PatHMV</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62044</link>
		<dc:creator>PatHMV</dc:creator>
		<pubDate>Thu, 17 Aug 2006 02:54:46 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62044</guid>
		<description>Once the rest of the world stops allowing countries like Iran and Libya and Syria to serve on (even chair!) the U.N. Commission on Human Rights, then perhaps I will reconsider my opposition to the ICC. Once the rest of the world learns to police itself a bit better, then we can talk.</description>
		<content:encoded><![CDATA[<p>Once the rest of the world stops allowing countries like Iran and Libya and Syria to serve on (even chair!) the U.N. Commission on Human Rights, then perhaps I will reconsider my opposition to the ICC. Once the rest of the world learns to police itself a bit better, then we can talk.</p>
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		<title>By: wj</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62040</link>
		<dc:creator>wj</dc:creator>
		<pubDate>Thu, 17 Aug 2006 02:45:20 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62040</guid>
		<description>And your reason for believing that this would be how it would work?  I assume that it isn&#039;t simple paranoia, but a couple of concrete examples of where it worked out that way would be useful.</description>
		<content:encoded><![CDATA[<p>And your reason for believing that this would be how it would work?  I assume that it isn&#8217;t simple paranoia, but a couple of concrete examples of where it worked out that way would be useful.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-62026</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Thu, 17 Aug 2006 01:53:01 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-62026</guid>
		<description>I&#039;ll give you an example of what would happen: Lovers of freedom, patriots and men of honor like Major Roberto D&#039;Aubuisson (although he is now dead) would be indicted (or snatched during trips to the doctor in England) and subjected to an international show-trial orchestrated by leftists.  Meanwhile, narcotic trafficking, scum bag Marxist terrorists, recruiting, doping and sacrificing children - like El Salvador&#039;s FMLN - would go without reprimand, let alone prosecution.  ICC would by its very nature have to pick political sides.  It&#039;s a court ostensibly dedicated to prosecuting politicians -- be them military strongmen or fanatic clergy or guerillas.  If I have to pick a political entity as a moral compass and dispenser of justice, between the U.S. and the ICC -- it is going to be the U.S., 8 days a week.</description>
		<content:encoded><![CDATA[<p>I&#8217;ll give you an example of what would happen: Lovers of freedom, patriots and men of honor like Major Roberto D&#8217;Aubuisson (although he is now dead) would be indicted (or snatched during trips to the doctor in England) and subjected to an international show-trial orchestrated by leftists.  Meanwhile, narcotic trafficking, scum bag Marxist terrorists, recruiting, doping and sacrificing children &#8211; like El Salvador&#8217;s FMLN &#8211; would go without reprimand, let alone prosecution.  ICC would by its very nature have to pick political sides.  It&#8217;s a court ostensibly dedicated to prosecuting politicians &#8212; be them military strongmen or fanatic clergy or guerillas.  If I have to pick a political entity as a moral compass and dispenser of justice, between the U.S. and the ICC &#8212; it is going to be the U.S., 8 days a week.</p>
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		<title>By: wj</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-61965</link>
		<dc:creator>wj</dc:creator>
		<pubDate>Wed, 16 Aug 2006 22:15:08 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-61965</guid>
		<description>Well, I wonder if Americans are the only ones who would be at significant risk of politically inspired charges.  If not, does anyone have an example of that happening?  If you believe that only Americans are at risk, why do you think so?  Are there no regional powers which might excite similar feelings (at least locally)? 

It seems to me that the only way to find out whether the ICC, as built with major American input, is workable is to try it.  Worst case: we find that all the horrors envisioned by opponents come to pass, and we withdraw from the treaty.  Formally, and with an explanation.</description>
		<content:encoded><![CDATA[<p>Well, I wonder if Americans are the only ones who would be at significant risk of politically inspired charges.  If not, does anyone have an example of that happening?  If you believe that only Americans are at risk, why do you think so?  Are there no regional powers which might excite similar feelings (at least locally)? </p>
<p>It seems to me that the only way to find out whether the ICC, as built with major American input, is workable is to try it.  Worst case: we find that all the horrors envisioned by opponents come to pass, and we withdraw from the treaty.  Formally, and with an explanation.</p>
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		<title>By: DosPeros</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-61944</link>
		<dc:creator>DosPeros</dc:creator>
		<pubDate>Wed, 16 Aug 2006 21:24:01 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-61944</guid>
		<description>Ramsey Clark would, with out a doubt, have to lease more office space...

I&#039;m fascinated by the mechanism/procedure here, Ereratz.  Who exactly would serve process? I suppose they&#039;d have subpoena power?  Would the FBI work for the ICC or would it be my local sherriff&#039;s department? Would it be the Federal Rules of Criminal Procedure in play or the Turkish Rules of Evidence or a combination?  Where does one appeal a sentence from the ICC?  Who executes the sentence?  Is there a probably cause element to bring a charge of genocide -- or is it just a bunch of dead people.  What about indictments of conspiracy?  Would the use be liable for supply arms to one found to have committed genocide.  

Your bullet points of reassurance just aren&#039;t.  Not all of us are pining for the world&#039;s friendship like a nerd in gym class.  I find your reassurance based off your personal meeting with the judges, slightly amusing, but mostly nauseating.  And your rectification of Jimmy&#039;s &quot;attitude&quot; pathetic.  Who are you to determine the correct &quot;attitude&quot;? And maybe your just a horrible judge of character and thus the Anti-Christ Judge came off as a real Joe-six pack US intellectual.

Your &quot;we are people of the world and not just one state&quot; thing is all fine, BUT YOU MISS THE POINT, not Jimmy.  I may be a CITIZEN of the WORLD, but when I&#039;m in the U.S., the U.S. has soveign jurisdiction over me - not some omnipresent global tribunal.  Erat, take my word (I&#039;ve met me and I&#039;m an alright trustworthy guy) it will be a cold day in hell before U.S. citizens sign up to give away their freedom and sovereignty to a bunch of self-righteous Euro-trash Belgians. 

The only person that would willingly do that to us is Justice Kennedy and I suggest that he stop taking trips to Europe.</description>
		<content:encoded><![CDATA[<p>Ramsey Clark would, with out a doubt, have to lease more office space&#8230;</p>
<p>I&#8217;m fascinated by the mechanism/procedure here, Ereratz.  Who exactly would serve process? I suppose they&#8217;d have subpoena power?  Would the FBI work for the ICC or would it be my local sherriff&#8217;s department? Would it be the Federal Rules of Criminal Procedure in play or the Turkish Rules of Evidence or a combination?  Where does one appeal a sentence from the ICC?  Who executes the sentence?  Is there a probably cause element to bring a charge of genocide &#8212; or is it just a bunch of dead people.  What about indictments of conspiracy?  Would the use be liable for supply arms to one found to have committed genocide.  </p>
<p>Your bullet points of reassurance just aren&#8217;t.  Not all of us are pining for the world&#8217;s friendship like a nerd in gym class.  I find your reassurance based off your personal meeting with the judges, slightly amusing, but mostly nauseating.  And your rectification of Jimmy&#8217;s &#8220;attitude&#8221; pathetic.  Who are you to determine the correct &#8220;attitude&#8221;? And maybe your just a horrible judge of character and thus the Anti-Christ Judge came off as a real Joe-six pack US intellectual.</p>
<p>Your &#8220;we are people of the world and not just one state&#8221; thing is all fine, BUT YOU MISS THE POINT, not Jimmy.  I may be a CITIZEN of the WORLD, but when I&#8217;m in the U.S., the U.S. has soveign jurisdiction over me &#8211; not some omnipresent global tribunal.  Erat, take my word (I&#8217;ve met me and I&#8217;m an alright trustworthy guy) it will be a cold day in hell before U.S. citizens sign up to give away their freedom and sovereignty to a bunch of self-righteous Euro-trash Belgians. </p>
<p>The only person that would willingly do that to us is Justice Kennedy and I suggest that he stop taking trips to Europe.</p>
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		<title>By: bernie</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-61926</link>
		<dc:creator>bernie</dc:creator>
		<pubDate>Wed, 16 Aug 2006 20:11:22 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-61926</guid>
		<description>We are better than most of the world.  Our systems of justice and legal process are better than most of the world.  We can and do investigate and if necessary prosecute and convict any potential war criminals.  We do not need an international body to do it for us.   We need to make the rest of the world more like the US, not make the US more like the rest of the world.</description>
		<content:encoded><![CDATA[<p>We are better than most of the world.  Our systems of justice and legal process are better than most of the world.  We can and do investigate and if necessary prosecute and convict any potential war criminals.  We do not need an international body to do it for us.   We need to make the rest of the world more like the US, not make the US more like the rest of the world.</p>
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		<title>By: BrianOfAtlanta</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-61922</link>
		<dc:creator>BrianOfAtlanta</dc:creator>
		<pubDate>Wed, 16 Aug 2006 19:43:35 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-61922</guid>
		<description>One look at how the original meaning and scope of the Geneva Conventions has been &#039;expanded&#039; will provide a cautionary example on unintended consequences from well-intentioned international agreements. The Conventions, as originally intended and implemented, were a very good thing. 

The International Criminal Court, as currently envisioned, has some good points, but there is no guarantee that it won&#039;t grow into something else over time.</description>
		<content:encoded><![CDATA[<p>One look at how the original meaning and scope of the Geneva Conventions has been &#8216;expanded&#8217; will provide a cautionary example on unintended consequences from well-intentioned international agreements. The Conventions, as originally intended and implemented, were a very good thing. </p>
<p>The International Criminal Court, as currently envisioned, has some good points, but there is no guarantee that it won&#8217;t grow into something else over time.</p>
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		<title>By: eteraz</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-61916</link>
		<dc:creator>eteraz</dc:creator>
		<pubDate>Wed, 16 Aug 2006 19:28:25 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-61916</guid>
		<description>That&#039;s the wrong attitude Jimmy.

I&#039;ve met these Judges. Spoken to them at length. They are incredible people. In fact, most, if not all, are educated in the West. They are committed to the post-Enlightenment project of International Law. Even the Muslim ones.

Plus your &#039;statist&#039; analysis misses the exact point of this court; namely, that we are people of the world, not necessarily only people of one state. A judge may be born in a tyrannical regime, but that does not mean he is a tyrant.

Read the whole article, it addresses precisely that point.</description>
		<content:encoded><![CDATA[<p>That&#8217;s the wrong attitude Jimmy.</p>
<p>I&#8217;ve met these Judges. Spoken to them at length. They are incredible people. In fact, most, if not all, are educated in the West. They are committed to the post-Enlightenment project of International Law. Even the Muslim ones.</p>
<p>Plus your &#8216;statist&#8217; analysis misses the exact point of this court; namely, that we are people of the world, not necessarily only people of one state. A judge may be born in a tyrannical regime, but that does not mean he is a tyrant.</p>
<p>Read the whole article, it addresses precisely that point.</p>
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		<title>By: Jimmy the Dhimmi</title>
		<link>http://donklephant.com/2006/08/16/international-criminal-court/comment-page-1/#comment-61912</link>
		<dc:creator>Jimmy the Dhimmi</dc:creator>
		<pubDate>Wed, 16 Aug 2006 19:15:04 +0000</pubDate>
		<guid isPermaLink="false">http://donklephant.com/2006/08/16/international-criminal-court/#comment-61912</guid>
		<description>The rest of the world doesn&#039;t like us because we are rich, powerful, capitalist, and/or non-muslim.  What happens when the countries who hate us appoint judges?  All these safeguards are based on arbitrary standards such as &quot;impeccable credentials&quot; and &quot;crimes against humanity.&quot;  (for example, Ahmadinajad considers the existance of Israel a crime against humanity)

An international criminal court is fine if every country involved is part of a federation based on the same values.  We simply cannot have any non-democratic, socialist, or islamic countries that value sharia, to be allowed to appoint judges, or participate in drafting legislation.  But if this becomes the case, then those countries would refuse to be under its juristiction anyway.

Look how the UN drafts a thousand resolutions condemning israel, but not one that defines Hezbollah as a terrorist organization.  If Syria, Cuba, Iran ect... can get a seat at the UN human rights council, what do you think will eventually happen to the ICC?

&lt;blockquote&gt;do we want to be seen as part of the world, or as better than the world?&lt;/blockquote&gt;
We simply are better than the world, because life liberty and the persuit of happiness for all individuals regardless of race, gender or creed is self-evidently superior to all the other crap promoted by tyrannical nations of &quot;the world.&quot;</description>
		<content:encoded><![CDATA[<p>The rest of the world doesn&#8217;t like us because we are rich, powerful, capitalist, and/or non-muslim.  What happens when the countries who hate us appoint judges?  All these safeguards are based on arbitrary standards such as &#8220;impeccable credentials&#8221; and &#8220;crimes against humanity.&#8221;  (for example, Ahmadinajad considers the existance of Israel a crime against humanity)</p>
<p>An international criminal court is fine if every country involved is part of a federation based on the same values.  We simply cannot have any non-democratic, socialist, or islamic countries that value sharia, to be allowed to appoint judges, or participate in drafting legislation.  But if this becomes the case, then those countries would refuse to be under its juristiction anyway.</p>
<p>Look how the UN drafts a thousand resolutions condemning israel, but not one that defines Hezbollah as a terrorist organization.  If Syria, Cuba, Iran ect&#8230; can get a seat at the UN human rights council, what do you think will eventually happen to the ICC?</p>
<blockquote><p>do we want to be seen as part of the world, or as better than the world?</p></blockquote>
<p>We simply are better than the world, because life liberty and the persuit of happiness for all individuals regardless of race, gender or creed is self-evidently superior to all the other crap promoted by tyrannical nations of &#8220;the world.&#8221;</p>
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