© 1999
Discerning the Times Digest and NewsBytes
In July 1998, the United Nations spawned one of the
most insidious threats to our national sovereignty and individual freedoms
that has ever been conceived. It is the International Criminal Court (ICC),
which has been given power to enforce wide-ranging international law over
virtually unbounded geographical jurisdiction. All with no accountability
to any government, let alone the people of the world.
Under the guise of having the ability of arresting
international terrorists, the treaty has the power to arrest and prosecute
any person on earth with no protection from their own national
legal system. Writing in the June 21, 1999, issue of Nation Magazine,
leftist Alexander Cockburn points out that the ICC "tribunal was
designed to function as a star chamber for the New World Order."
The new ICC will prosecute crimes such as genocide,
crimes against humanity, war crimes and the crime of aggression. The door
is also being left wide open for further additions of other categories.
Mikhail Gorbachev and other globalists, for instance, have already voiced
their desire to see the ICC expanded to include crimes against the earth.
These crimes have been left suspiciously vague,
creating fertile ground for arbitrary and capricious interpretation and
application of the treaty. That such corruption will occur is evidenced by
the current U.N. International Criminal Tribunal for the former
Yugoslavia, an archetype of the ICC. This court has refused to prosecute
Croatia’s dictator, Franjo Tudjman. Tudjman, with NATO’s help, drove
500,000 Serbs from their homes in the Krajina Province in 1995, bombarding
and murdering them as they fled. Tudjman’s atrocities are every bit as
murderous as Slobodan Milosevic, yet remains untouched because he has
helped NATO.
Within the ICC star chamber, an accused person is first
arrested and charged by the Office of the Prosecutor. The person then
faces what amounts to an arraignment in a Pre-trial Chamber that consists
of not less than six judges. Since the pretrial is considered to be just a
formality, the accused then goes to trial in the Trial Chamber, which
again has not less than six judges. Once found guilty, the person can go
to the Appeals Chamber, consisting of four judges and the Presidency. The
Presidency consists of a president and two vice presidents elected by the
judges. Because it is self-contained and answerable to no one, the ICC
acts as judge, jury and executioner with impunity.
Most, if not all, of the judges will come from
communist or fundamentalist Islamic nations. These judges will operate on
the inquisitorial principle, where a trial is merely a formality to render
penalties rather than a forum to weigh facts and reach a just verdict.
During a 1993 Senate hearing on the ICC, Senator Jesse
Helms (R-N.C.) asked Professor Cherif Bassiouni, a leading academic
proponent of the tribunal, if the judges could come from Communist China,
Iran, Syria, or the Palestine Liberation Organization, and whether they
could judge the actions of the U.S. government or its citizens. His reply
was, "There is no guarantee against the election of an individual
from any state by the [UN’s] General Assembly."
Unlike the ICC, the U.S. legal system is founded upon,
and driven by, an adversarial process based in Common Law. Built on
generations of cases and precedent, the adversarial process arduously
defends the rights of the accused.
Past and present UN Tribunals have already proven that
a thug mentality will prevail within the ICC. Under the Yugoslavian UN
Tribunal, defendants do not have the right "to be confronted with
the witnesses" against them, as prescribed in the Sixth Amendment
to the U.S. Constitution. Instead, the Court has adopted a provision known
as Rule 75 which can "allow some witnesses to remain anonymous,
even to defendants and their lawyers." The Sixth Amendment also
refers to the right of the accused "to be informed of the nature
and the cause of the accusation" against them. However, the
Yugoslavian tribunal has issued secret or "non-public"
indictments. "Due Process" doesn’t seem to be part of the
protocol at the ICC.
Nikola Kostich, a defense attorney from Milwaukee who
has participated as legal counsel before the Court, notes in an interview
in the April, 1998, issue of the New American, that the tribunal "is
dedicated to the creation of precedents in international law, and in
pursuing those precedents it is literally making up the law as it goes
along."
Using the guise of prosecuting international
terrorists, the ICC is a blatant move to further blur national sovereignty
by making international law and court superior to national legal systems.
No citizen of any nation is protected from abuse by the ICC. Anyone who
opposes or steps out of line with the emerging world government can be
arrested, prosecuted and found guilty of trumped-up charges of crimes
against humanity.
The ICC perverts the very foundation of Biblical
justice and will undermine and destroy the American legal system if it is
ever ratified by the Senate. The good news is that the bad press
surrounding the ICC has kept President Clinton from signing the treaty.
The U.S. is only one of seven
nations that did not signed it.
Although Americans are not yet under its jurisdiction,
we are reminded of Psalm 11:2-3, "For, lo, the wicked bend their
bow, they make ready their arrow upon the string, that they may privily
shoot at the upright in heart. If the foundations be destroyed, what can
the righteous do?" (KJV) The answer, of course, is to oppose the
ICC while we can, and put our trust in the Lord, who is the ultimate judge
of all men. V ks