Thursday 24 December 2009

Israel Matzav: US to join International Criminal Court?

US to join International Criminal Court?

As I have described so many times that I won't describe it at length again, back in 2001 US President George W. Bush withdrew the International Criminal Court's Rome treaty from consideration before the Senate, and as a result the United States is not a member of the International Criminal Court. At the same time, Israeli Prime Minister Ehud Barak decided not to move forward with Israel signing the treaty. Why joining the court is a bad idea for both countries is something I discussed here and here.

Now, President Obumbler may be trying to join the court through the back door (Hat Tip: Instapundit).

Last Thursday, December 17, 2009, The White House released an Executive Order "Amending Executive Order 12425." It grants INTERPOL (International Criminal Police Organization) a new level of full diplomatic immunity afforded to foreign embassies and select other "International Organizations" as set forth in the United States International Organizations Immunities Act of 1945.

By removing language from President Reagan's 1983 Executive Order 12425, this international law enforcement body now operates - now operates - on American soil beyond the reach of our own top law enforcement arm, the FBI, and is immune from Freedom Of Information Act (FOIA) requests.

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The importance of this last crucial point cannot be understated, because this immunity and protection - and elevation above the US Constitution - afforded INTERPOL is likely a precursor to the White House subjecting the United States under the jurisdiction of the International Criminal Court (ICC). INTERPOL provides a significant enforcement function for the ICC, just as our FBI provides a significant function for our Department of Justice.

We direct the American public to paragraph 28 of the ICC's Proposed Programme Budget for 2010 (PDF).

29. Additionally, the Court will continue to seek the cooperation of States not party to the Rome Statute and to develop its relationships with regional organizations such as the Organization of American States (OAS), the Arab League (AL), the African Union (AU), the Organization of the Islamic Conference (OIC), ASEAN and CARICOM. We will also continue to engage with subregional and thematic organizations, such as SADC and ECOWAS, and the Commonwealth Secretariat and the OIF. This will be done through high level visits, briefings and, as appropriate, relationship agreements. Work will also be carried out with sectoral organizations such as IDLO and INTERPOL, to increase efficiency.

The United States is not a party to the Rome Statute - the UN treaty that established the International Criminal Court. (See: Rome Statute of the International Criminal Court).

Read the whole thing.

Why would Obama want to join the International Criminal Court? Partly because Bush didn't. What could go wrong?


Israel Matzav: US to join International Criminal Court?

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