Sunday, April 20, 2008

The US is cutting off its nose to spite its face - how lovely

During our last few class discussions and class presentations on the ICC - it appears that the US is pursuing a policy that is determined to undermine the ICC. However, what I find interesting when looking at the this TABLE produced by the Human Security Center in 2005, is that there is a rapidly growing trend of country participation in international tribunals prosecuting 'grave human rights abuses.' The other thing to note, is that even though the hybrid international tribunals hit plateaus in the number of cases they are prosecuting, eventually the number continues to rise. I think that this indicates a learning curve (despite the plateaus - a steep one) in which lawyers are learning how to circumnavigate state sovereignty in pursuit of justice (however by definition a state 'ought' to have a normative basis of justice). It is a shame that the US feels obligated to undermine the ICC (as presented by my colleagues in class), however, the US efforts appear to be ineffective. The US is losing its credibility as a just, democratic nation as it attempts to inhibit international efforts to bring justice.
The current US stance makes no sense. If the US government is willing to implement justice via its own court system and abide by the IHLs, then why does it fear so much. Unless it knowingly makes policy decisions that violate IHL. I realize that sovereignty is an issue, however, it appears to me that the policy-makers lack a global vision of the world and perhaps need a bit more education. Perhaps they should sit in on our class. Again, I realize that this is a null and void thought as the likelihood is nil. But one can always hope.

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