Rogue State Chronicles

Speaking of warcrimes, I just remembered another action premptively absolving Americans of war crimes — the dramatic “unsigning” of the International Criminal Court Treaty and the subsequent signing of the “American Servicemembers’ Protection Act” handily tucked into the “vote for it or you’re a traitor” Supplemental Defense Appropriations Act of 2002.

The first action, a highly unusual unilateral repudiation of a signed treaty, was taken in May of 2002:

“Dear Mr. Secretary-General:

This is to inform you, in connection with the Rome Statute of the International Criminal Court adopted on July 17, 1998, that the United States does not intend to become a party to the treaty. Accordingly, the United States has no legal obligations arising from its signature on December 31, 2000. The United States requests that its intention not to become a party, as expressed in this letter, be reflected in the depositary’s status lists relating to this treaty.

Sincerely,

S/John R. Bolton”

Easy as pie. No muss no fuss. We don’t like it we just unsign it. Now that’s some tort reform.

It must be noted that the Republicans had long opposed the ICC on the grounds that the jack booted, blue helmeted thugs of the UN were coming to kill Americans because we’re so strong and so good. It was not surprising that they would do this when they got the chance, although “unsigning” treaties was a bit of a shock. (How innocent we all were in those days.)

However, in May of 2002, we also now know that the US government was actively looking for ways to legalize war crimes under all international treaties and US Law. That puts a little different spin on the unsigning, doesn’t it?

And it also makes you wonder about the administration’s strong arming for the ASPA, aka the Hague Invasion Act:

The Washington Working Group on the ICC described it this way:

President Bush signed the Supplemental Defense Appropriations Act of 2002 (HR 4775) into law on August 2, 2002. Contained in the measure was a version of the American Servicemembers’ Protection Act (ASPA) that is heavily modified from the first version introduced over two years ago (for more information on past versions of ASPA, see the WICC Archives). The ASPA limits US cooperation with the International Criminal Court, restricts US participation in UN peacekeeping, prohibits military assistance to most countries that ratify the ICC Statute, and authorizes the President to use “all means necessary and appropriate” to free from captivity any US or allied personnel held by or on behalf of the ICC — a provision that has led European leaders to call it “The Hague Invasion Act.” However, the final version includes broad waiver authority for the President, strengthened by a stipulation that no part of the bill may interfere with the President’s constitutional authority to make foreign policy.

This last part is interesting in that the original versions of the bill, originating during Clinton’s term (sponsored by none other than Monsieur Tom DeLay) put huge restrictions on the president’s ability to conduct any kind of foreign policy with signators of the ICC treaty. Since then we have learned that the president answers to no one and can set aside any law he chooses. Tom didn’t seem bothered by this.

I am not suggesting that there was specific coordination between the congress and the administration to loosen the definition of war crimes so that George W. Bush could assert that he has followed the law when he orders torture (or whatever else his puerile little imagination believes is necessary to defeat Satan.) However, it does reveal the underlying mindset that allowed these budding war criminals to seize the day without any obvious conscience.

The Republicans believe that world leadership is defined by the aggressive use of American power against others and holding itself unaccountable for it, apparantly guided by the absurd fantasy of the mythic, invincible American cowboy. Evidently, nobody told them that the cowboy myth was created by a bunch of pansy-assed, effete dime novelists from New York City.

Shallow hubris has always been their downfall and will be again.

Maybe if some of these tough guys had spent more time actually reading the Canon of Great Dead White Guys instead of complaining that liberal mush-headedness was ruining education they might have learned a thing or two. Even the good old Bullfinch’s Mythology would have sufficed to warn them about the fate of nations whose leaders foprget they are not Gods:

The story of Niobe has furnished Byron with a fine illustration of the fallen condition of modern Rome:

“The Niobe of nations! There she stands,

Childless and crownless in her voiceless woe;

An empty urn within her withered hands,

Whose holy dust was scattered long ago;

The Scipios’ tomb contains no ashes now;

The very sepulchres lie tenantless

Of their heroic dwellers; dost thou flow,

Old Tiber! Through a marble wilderness?

Rise with thy yellow waves, and mantle her distress.”