Reference: The
Rome Statute for the International Criminal Court.
The offensive provisions of the ASPA should be repealed.
It should be obvious by now that Americans are not above committing war crimes or setting up an apparatus where they can be committed. Mr. Bush signed executive orders establishing a system of detainment for the war on terror that put the system beyond the scrutiny of federal and international oversight. The purpose was to circumvent the Third and Fourth Geneva Conventions.
In addition, the invasion of Iraq was a preventive war, not a preemptive strike. It was a naked act of aggression and a violation of the UN Charter. The invasion of Iraq is a war crime on its face.
Under the Rome Statute, the ICC will not become involved unless the responsible country is unable or unwilling to prosecute war crimes suspects. Will the US be able or willing to prosecute Bush, Rumsfeld and others? I am not satisfied with courts martial for enlisted personnel, reprimands for officers and a couple of firings of CACI contractors. The responsibility for the crimes at Abu Ghraib and other US detention facilities around the world go beyond those people. If the US cannot be trusted to call those responsible for account, then it simply demonstrates that the ICC is needed and that the President of the United States -- or an impostor masquerading as such -- is not above international law and should not be beyond the reach of the International Criminal Court.