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


To: epicure who wrote (216402)2/5/2007 5:16:20 PM
From: GST  Read Replies (1) | Respond to of 281500
 
Bush gave the US immunity from prosecution from the ICJ about the same time as he gave the US immunity from prosecution in Iraq, before he gave himself and others in his Administration immunity from US law and the US Constitution, and of course after he gave himself immunity from the Geneva Conventions.



To: epicure who wrote (216402)2/5/2007 5:17:53 PM
From: one_less  Read Replies (1) | Respond to of 281500
 
Thanks. I am still not clear on what gives them jurisdiction over the US on this matter and; if they can establish jurisdiction, what that accomplishes.

Jurisdiction

The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more
of the following ways:

(1) by the conclusion between them of a special agreement to submit the dispute to the Court;

(2) by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby, in the event of a disagreement over its interpretation or application, one of them may refer the dispute to the Court. Over three hundred treaties or conventions contain a clause to such effect;

(3) through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the
jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration.
The declarations of 67 States are at present in force, a number of them having been made subject to the exclusion of
certain categories of dispute.

In cases of doubt as to whether the Court has jurisdiction, it is the Court itself which decide.



To: epicure who wrote (216402)2/5/2007 5:28:12 PM
From: Ilaine  Respond to of 281500
 
As you no doubt know, the United States withdrew from compulsory jurisdiction of the International Court of Justice.

No jurisdiction, no court case.