THE PRESIDENT HAS GONE TOO FAR
By David Krieger
The president can no longer be considered simply a vacuous puppet brought
to power by big business, a family name, and election fraud. He must now
be viewed as a dangerous opponent of our constitutional form of government,
international law and the international order that was born in the aftermath
of World War II.
The US withdrawal from the treaty establishing the International Criminal
Court, announced by the Bush administration on May 6, 2002, has all the
markings of a watershed event, an event that could make one weep for what
it portends for the future of humanity and our country. The Bush administration
is marching ahead in its assault on international law. Never before has
a nation removed its sovereign signature from a treaty. Now it is done.
In a one paragraph letter to the United Nations Secretary General, the
US undersecretary of state for arms control, John Bolton wrote, "The United
States does not intend to become a party to the treaty. Accordingly, the
United states has no legal obligations from its signature on December 31,
2000." In other words, our commitment means nothing. There is no reason
for other sovereign states to rely upon the commitments of the United States.
The administration has sent a clear signal that the US will decide which
laws it will support and which it won't and the rest of the world be damned.
The Bush administration demonstrates little interest in supporting international
law. It is also pulling out of the Anti-Ballistic Missile Treaty to pursue
missile defenses and space weaponization. This is an administration of
militarists and unilateralists. They talk about withdrawing from the International
Criminal Court because they fear that US servicemen could be brought to
justice under the provisions of the Court, but what they really fear is
that US leaders will be held to the same set of standards that the Court
will apply to all leaders throughout the world.
In an article written in 1999, the same John Bolton pointed out that
it was not American soldiers that would be in the most jeopardy, but rather
"the president, the cabinet officers who comprise the National Security
Council, and other senior civilian and military officers responsible for
our defense and foreign policy." But what would US leaders have to fear
if they do not commit the most heinous of crimes under international law,
crimes such as genocide, crimes against humanity and war crimes, the same
crimes for which the Nazis were held accountable at Nuremberg?
Since Bush has become president, the United States has increased its
military budget by nearly $100 billion, from $300 billion to almost $400
billion. Military power is the administration's answer to international
law. Defense Secretary Rumsfeld talks in plain language about our efforts
to kill whomever we deem as our enemy. We are breaking with our allies,
who are committed to international law. The US has become a unilateralist
superpower, a rogue superpower, a dangerous force for international anarchy.
Bush's efforts to replace the force of law with the law of force have
been met by a thunderous silence from the US Congress. The tragedy of Bush's
assault on international law and the US Constitution has been matched by
the cowardly timidity of the Congress, which appears ready to give away
its authority in foreign policy to an aggressive and dictatorial president.
The United States, which has an unparalleled opportunity to lead the
world in upholding human rights and achieving a just peace, has slipped
precipitously from the aftermath of World War II when it led the world
in bringing Nazi leaders to justice at the Nuremberg Trials. The US chief
prosecutor at Nuremberg, Justice Robert Jackson, argued, "The law must
also reach the men who seize great power and deliberately combine to make
use of it to commit an evil which affects every home in the world. The
last step in preventing the periodic outbreak of war, which is unavoidable
with international lawlessness, is to make a statesman responsible before
the law."
Bush's policies promote international lawlessness and impunity under
international law to leaders accused of grave crimes such as Osama bin
Laden, General Augusto Pinochet, Idi Amin, Pol Pot and Henry Kissinger.
The president's policies encourage present and future leaders to believe
that their crimes will also be blessed with impunity under the law. In
the eyes of the world, including those of our closest allies, these policies
underscore the US abdication of leadership in upholding international law
and human rights.
David Krieger is president of the Nuclear Age Peace Foundation PMB 121,
1187 Coast Village Road, Suite 1, Santa Barbara, CA 93108-2794, dkrieger@napf.org
Web site: www.wagingpeace.org,
www.nuclearfiles.org
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