fishin' wrote:Maybe something with judges from other Muslim nations using existing International law held in Iraq??? I dunno a good answer to that.
Doesnt sound like a bad idea in itself. But the problem is that every new impromptu arrangement (after the Security-Council ordered Tribunals on Rwanda, Yugoslavia) increases the wariness about the impression of victor's justice. The more into details you delve, the more questions it raises. Who would appoint the judges? Any arrangement in which the US would appoint the court would ensure a martyr status for Saddam, no matter where the judges hail from. (There's a possible answer to your question about what the US would have to gain, in the long term, by having an ICC around, instead). A Security Council-appointed Tribunal, meanwhile, still would carry less credibility than a permanent court acting on the recognition of more than the five superpowers.
Practically speaking, nevertheless, its still the lessest [?] evil, I guess. My question on Saddam was rhetorical, on the lines of, 'what would you like to happen in a case like this', since in practice, the ICC can't do much with Saddam, because it can't prosecute for events that occurred before July 2002.
The US administration, meanwhile, doesnt seem to opt for it, though. "In one of its first acts, the new Iraqi Governing Council announced the formation of a commission to establish a tribunal to bring Saddam and his henchmen to justice", notes HRW again; a tribunal, that is, that excludes judges from other countries, since, HRW opines critically, "Washington is adamantly opposed to [an international] approach", calculating that a tribunal of Iraqis selected by the Council of unelected, American nominees is "more likely to impose the death penalty, and [..] less likely to indirectly enhance the legitimacy of the detested International Criminal Court". The arrest of "Chemical Ali" last week may pose a test-case.
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Just by ways of an afterthought, btw, I can see how the drastic shifts in foreign policy the Bush Jr. administration initiated can have escalated a latent American paranoia about a world thats out to get it, as much as 9/11 will have. After all, back in the days, the US would have relatively little to fear from the UN and its institutions. With its allies Britain and France wielding the same veto rights in the Security Council it had itself, too, chances that the organisation would lash out at it with punitive resolutions posed relatively little threat. The confrontative Rumsfeld-type policies, however, have left the US rather isolated, and thus exponentially more vulnerable in the world of tomorrow's international relations. That crash course does, in the long term, threaten to eventually leave the US in the position JM described for Israel - doomed to torpedo every opportunity of an international settlement, because any consensus between its neighbours would, in the current political climate, automatically be directed against it.
In a way its kind of ironic, if you look at it like that - the president of 'national security', doomed to perpetuate a state of relative, dangerous chaos in the world, because any consolidation of forces might be directed against him. But then again, perhaps there's no irony, just cynism. Because in a way you're right, Fishin'. In today's world, the US enjoys "plenty of diplomatic clout". Even when increasingly isolated, it is so far ahead of all other countries in terms of military and economical prowess, that it can feel relatively free to do whatever it wants, whereever in the world it wants to. In a fragmented world, the US reign supreme - in that sense, why encourage stable international institutions that would only restrain that freedom? "Much to lose and little to gain", indeed, though that is an utterly a-moral, realpolitik perspective. More relevantly, it's also short-sighted. 9/11 should have shown that no matter how great the unilateral supremacy a country gets to enjoy, it can not defend itself against the exponential increase of the chaos in the world around it. Weakening the overarching, supranational institutions and outspending any prior balance of forces might seem to handily eliminate the threat of rival authorities, but the resulting new disorder will hit you right back in the face, eventually.
(exponentially is just my new favourite word of the moment, btw, just ignore it