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Politics : Foreign Affairs Discussion Group -- Ignore unavailable to you. Want to Upgrade?


To: Nadine Carroll who wrote (36009)8/5/2002 3:51:28 PM
From: Ilaine  Read Replies (1) | Respond to of 281500
 
Thank you for posting the links to den Beste's blog. I think he's right on the mark. We can't sign onto the ICC without a constitutional amendment. Article III, Section 2 provides as follows (most relevant portions bolded):

"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases
affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime
Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between
two or more States;--between a State and Citizens of another State;--between Citizens of different
States;--between Citizens of the same State claiming Lands under Grants of different States, and
between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.


In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall
be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the
supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and
under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in
the State where the said Crimes shall have been committed; but when not committed within any State,
the Trial shall be at such Place or Places as the Congress may by Law have directed."

If US citizens violate the laws of another country, those countries can, and do, prosecute them, and imprison them, even execute them.

If US citizens violate US law, we have perfectly good courts that can and do prosecute, imprison, even order execution. However, our constitution requires trial by jury.

I also agree with den Beste that signing on to the ICC means taking a risk of being ganged up on by hostile nations. I don't really want the likes of Cuba, Sudan, Zimbabwe, Iran and other Third World dictatorships deciding whether the US committed war crimes. After watching how the UN treats Israel, no thanks.



To: Nadine Carroll who wrote (36009)8/5/2002 8:49:03 PM
From: Ilaine  Respond to of 281500
 
While wandering around den Beste's site, I stumbled across a remarkable essay by Walter Russell Mead which I recommend highly, without reservation:

nationalinterest.org

I especially recommend the essay to foreigners who find themselves baffled by American foreign policy. For my own purposes, I found it a very good explanation about the differences between my husband and myself -- he's a Jacksonian, I am a Jeffersonian. We are natural allies, but very different. Well, maybe I am partly a Jacksonian. Honor is one of my driving forces, maybe the sine qua non. Let's just say that I am comfortable with Jacksonians, but not completely a Jacksonian. For example, I cherish diversity, not a Jacksonian trait.