http://www.somethingaboutthelaw.com/2009/09/20/goldstone-and-the-international-criminal-court/ Musings on India, the law, and policy Fri, 27 Jan 2012 21:26:23 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.somethingaboutthelaw.com/2009/09/20/goldstone-and-the-international-criminal-court/comment-page-1/#comment-2470 Tjaša Wed, 23 Sep 2009 15:01:03 +0000 http://www.somethingaboutthelaw.com/?p=887#comment-2470 just some clarifications: - ICC does not prosecute countries, it prosecutes individuals that are high enough in the chain of command to be able to command atrocities being committed to Alex: -due to previous explanation... there is no fear that ordinary american soldiers would be prosecuted.... but their commanders might have been IF the US were a state party and was UNABLE or UNWILLING to prosecute them and - in the Sudan case, the prosecution was not started proprio motu, it was referred to the ICC by the UN Security Council in its role as the supreme authority for the keeping of international peace and security, whose resolutions must be obeyed - there is also no fear that the US would be referred to the ICC by the SC since the US is one of the P5 members with the power of veto and i severely doubt it would not excercise it in that case just some clarifications:
- ICC does not prosecute countries, it prosecutes individuals that are high enough in the chain of command to be able to command atrocities being committed
to Alex:
-due to previous explanation… there is no fear that ordinary american soldiers would be prosecuted…. but their commanders might have been IF the US were a state party and was UNABLE or UNWILLING to prosecute them
and
- in the Sudan case, the prosecution was not started proprio motu, it was referred to the ICC by the UN Security Council in its role as the supreme authority for the keeping of international peace and security, whose resolutions must be obeyed
- there is also no fear that the US would be referred to the ICC by the SC since the US is one of the P5 members with the power of veto and i severely doubt it would not excercise it in that case

]]> http://www.somethingaboutthelaw.com/2009/09/20/goldstone-and-the-international-criminal-court/comment-page-1/#comment-2421 Alex Mon, 21 Sep 2009 07:53:04 +0000 http://www.somethingaboutthelaw.com/?p=887#comment-2421 ICC prosecuted countries which are not its members, such as Sudan. Really, the US should be more wary of Goldstone's report than Israel because under such law as he lays down, a lot of American soldiers would be regarded as war criminals. Here is an interesting rebuttal from Israeli analysts http://samsonblinded.org/blog/goldstone-report-the-rebuttal.htm ICC prosecuted countries which are not its members, such as Sudan. Really, the US should be more wary of Goldstone’s report than Israel because under such law as he lays down, a lot of American soldiers would be regarded as war criminals.
Here is an interesting rebuttal from Israeli analysts http://samsonblinded.org/blog/goldstone-report-the-rebuttal.htm

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