Home > Causes and Culture, Foreign Correspondence > Complaint Filed With ICC Against Bush, Cheney, Rumsfeld, Tenet, Rice, Gonzales for Crimes Against Humanity

Complaint Filed With ICC Against Bush, Cheney, Rumsfeld, Tenet, Rice, Gonzales for Crimes Against Humanity

A law professor at the Illinois College of Law has filed a formal complaint with the International Criminal Court against members of the Bush Administration for Crimes against Humanity with the International Criminal Court.

His complaint asserts that the practice of ” extraordinary rendition” which continues to be a policy in the Obama Adminstration, is a ” criminal policy and practice which  are both ‘widespread’ and ‘systematic’ within the meaning of Rome Statute article 7(1). Therefore the Accused have committed numerous ‘Crimes against Humanity’ in flagrant and repeated and longstanding violation of Rome Statute articles 5(1)(b), 7(1)(a), 7(1)(e), 7(1)(f), 7(1)(g), 7(1)(h), 7(1)(i), and 7(1)(k). Furthermore, the Accused’s Rome Statute Crimes Against Humanity of enforced disappearances of persons constitutes ongoing criminal activity that continues even as of today.”

The complaint also asserts that even though the U.S. has not ratified the Rome Statute establishing the ICC, the acts committed by Bush et. al. were committed within states who are members and thus, within the jurisdiction of the ICC.

And, may I add, that if an investigation is done and an arrest warrant is issued, Bush et. al. will not be immune from arrest. They will be subject to arrest by any state that has the guts to do so based on universal jurisdiction. Universal jurisdiction is a principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other relation with the prosecuting country. The state backs its claim on the grounds that the crime committed is considered a crime against all, which any state is authorized to punish, as it is too serious to tolerate jurisdictional arbitrage.

There are many countries, even within Europe, that would want to bring Bush et. al. up on charges for Crimes Against Humanity. All the people named in the complaint will have to watch where they travel if arrest warrants are eventually issued by the ICC.

I have no doubt that Obama and the American Left will not defend against these charges. So, what will happen? It remains to be seen, but if arrest warrants are issued, a decision must be made somewhere down the line whether to attack the charges lest they hang out there in perpetuity.

There is evidence that Bush et. al. could beat these charges, as recently, in Lithuania, a controversy has erupted over whether the CIA prisons actually held prisoners or not. This is the kind of evidence that would make it possible to exonerate the U.S. on its “rendition” policy in court.

I wonder how this would play out if Condoleeza Rice became the next President of the United States?

She would be my pick as of now, anyway.

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