I wrote in an earlier post, that one of my wishes for the Obama Presidency was signature and ratification of the Rome Statute which constitutes the International Criminal Court in The Hague. I still believe this should be done to restore the trust of the world in American politics by accepting accountability to international standards. Initially my idea was to find a way to hold President Bush accountable and try him for his crimes in a court of law. However, after some research, I doubt that end would be achieved by joining in the ICC. The Rome Statute states explicitly that it’s rules apply to the signatory states only after the ratification unless it’s jurisdiction was approved retroactively by the signing state. At least that is how I understood the text. There may be lawyers among you who know better than me and I would very much appreciate to learn more from you.
I do think it is possible that an Obama Administration signs the statute (or re-signs it, it has already been signed by the Clinton Administration, but the Bush Administration “un-signed” it) and the Democratic Congress ratifies it. I don’t believe it would be made retroactive though, because that would amount to handing Bush, Cheney, Rumsfeld and some more to The Hague. Barack Obama, among other things, has stressed bi-partisanship and just imagine the Republican’s and their voters’ reaction.
So where does that leave you? You will have to go it alone. And the Bush Administration must be held accountable for their actions. There is a number of crimes that have been assembled by the National Lawyers Guild in an attempt to impeach Bush. In November Joel S. Hirschhorn wrote an article in MWCnews saying:
I want President Obama soon after taking office to go on television and announce the formation of a special group of outstanding jurists and attorneys to make a recommendation whether or not the US Justice Department should bring criminal charges against George W. Bush. Based on earlier analyses, including work by the American Bar Association, I have no doubt they will recommend indictment.
I could not agree more. The documentary “Taxi to the Dark Side” ran on a German tv-channel yesterday and it brought back the atrocities of the “War on Terror”. And yes, I would like to see Bush, Cheney, Rumsfeld, Gonzales, Yoo and some more held accountable for these crimes and more in a court of law.