May 17, 2010

The Accused

It is old news, but law professor Francis A. Boyle's complaint against Bush administration officials "the Accused*" for crimes associated with “extraordinary rendition” is noteworthy. That's because Boyle's complaint is being brought under the International Criminal Court (ICC), of which the U.S.A. is not a signatory. The ICC is sometimes referred to as the Rome Statue after the treaty signed in Rome in 1998.

* Accused: U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice , and Alberto Gonzales.

One might think, if the U.S.A is not a signatory to the Rome Statue, there is no case. However, Boyle has pierced the shield of impunity on the following legal grounds, as conveyed in the transmittal letter of his complaint:

The United States is not a contracting party to the Rome Statute. Nevertheless, the Accused ordered and were responsible for the commission of these I.C.C. statutory crimes on, in, and over the respective territories of several I.C.C. member states, including many located in Europe. Therefore, the I.C.C. has jurisdiction over the Accused for their I.C.C. statutory crimes in accordance with Rome Statute article 12(2)(a)

We need to hold Bush administration officials accountable for their crimes, otherwise we risk setting precedent of allowing impunity.



libhom said...

This is encouraging news.

Mark Prime (tpm/Confession Zero) said...

Encouraging, welcome, outstanding... I hadn't heard of the Rome Statute. Thank you, GDAEman. I can now go the rest of my day knowing that I learned something new. (My days are always better when I've done so.)