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Jewish World Review May 6, 2003 / 4 Iyar, 5763
James Lileks
Still think the International Criminal Court was a good idea?
Some think we already do. One of the more fascinating characteristics
of those devoted to international law is their insistence that such a thing
exists. Oh, it does, but it's something we all accept without too many
questions, like Michael Jackson's popularity.
International law is enforceable only as long as a nation consents to it.
The United Nations or the European Union or the World Trade
Organization can pass a law against genetically modified popcorn, but
they can't send cops to your house to take evidence from your
microwave.
Good nations sign the treaties and obey the law; bad nations sign them
and flout them. Hence high-minded concepts like an international
criminal court aren't used against Fidel Castro or Robert Mugabe --
that's like shaming a cat for eating a bird. No, you use the law to beat
the real war criminals.
Like Tommy Franks. Good thing the United States didn't submit to the
International Criminal Court's jurisdiction, or you'd see more of this:
Jan Fermon, a Brussels-based lawyer representing 10 Iraqi civilians,
plans to ask a Belgian court to indict Franks under a Belgian law
allowing foreign officials to be sued on accusation of war crimes.
Says a Washington Times dispatch: "The complaint will state that
coalition forces are responsible for the indiscriminate killing of Iraqi
civilians, the bombing of a marketplace in Baghdad, the shooting of an
ambulance and failure to prevent the mass looting of hospitals. ... If
arrest warrants were issued, U.S. officials could be arrested on entering
Belgium."
So? Who needs to visit Belgium for anything other than advice on the
best way to lick a Frenchman's hand? Well, NATO has a few offices
there. At least at press time. We could move those to Qatar as well.
To lefty Euros like Fermon, there are two kinds of American generals.
There's the dead-eyed company man with a foot-long cigar screwed in
the corner of his mouth. Informed that a missile has hit a market, he
says, "That'll teach 'em to shop during a war." Hearty laughter from the
subordinates.
The other cliche is the rabid-eyed, bull-necked brute who believes that
the best way to win the hearts and minds of the enemy is to splatter the
same all over the public square. He'll bomb a market to get one soldier,
because that's war; war is hell, and hell is where he hangs his hat.
Both archetypes are criminals! Both deserve to stand in the dock!
Pity that these archetypes have little relationship to reality. You want war
crimes? The military could have MOABed any quarrelsome town and
saved itself much bother. Resistance in Basra? Boom. Problem solved.
But that wasn't how it worked this time. Given the care that went into
targeting government headquarters, you wouldn't be surprised to learn
that the Tomahawks shouted PARDON ME or HOT STUFF, COMIN'
THROUGH in Arabic as they made their way across town -- and dropped
leaflets that gave a toll-free number to call in case you wanted
reparations for collateral damage.
But what of the marketplace bombing? Could have been a rocket the
Baathists sent up with their usual disregard for where it would come
down. It's quite possible the market was hit by coalition munitions -- but
not because Gen. Franks had a yen to give Al-Jazeera a week's worth
of war-porn. Either a rocket went astray, or an anti-radar missile homed
in on a mobile radar the Baathists had driven to the market and parked
near the shoppers.
Has anyone pressed the Belgian court to indict the various Baathist
officials the United States has in custody? You know, the ones whose
government forced pregnant women to strap explosive belts around
their wombs?
If the United States hadn't destroyed Saddam's regime, every day in Iraq
would have seen a violation of every human right the United Nations
professes to uphold. Page through the 10 kajillion laws the United
Nations has passed and you'll probably find one that outlaws jails for
children, or corrective genital electrotherapy for dissidents.
But that's not the crime. The crime consists of deposing that regime
without the consent of a Belgian court.
Who died and made them Capt. Kirk?
04/03/03: The world is ending, the world is ending! Doesn't anybody care!? Why won't anybody listen!?
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