ISSIDIQUI –
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So, who’s '100% totally wrong…‘confirmed via the links’ now?
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It appears that I am. Shit. I really, really hate that. And I hate having to own up to it. But you live by honest debate, you die by honest debate, and in that spirit I would also point out that you were wrong in asserting that “act of aggression” is in any way included in “war crimes.”
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I think it does. Unless we confirm we are hypocrites, because we will continue to violate national soveriegnty as it suits us.[/q uote]
I think it is wildly overstated to say that we “violate national sovereignty as it suits us.” Even if true, that would excuse the violation of our sovereignty by other nations (if they could get away with it); it does not IMO engender an obligation for us to voluntarily surrender it.
Really? Do you have a cite for this? On what do you base the assertion that failing to sign a given treaty is tantamount to a declaration that the treaty should not exist?
I have not “created” anything. I have analysized the treaty to the best of my limited ability, and reviewed the arguments for and against it, as I have been able to discover them.
The fact that the evaluation of the acceptability of the national legal system in question is made on a “case by case basis,” does not mean that the evaluation of the acceptability of the system is not being made. And I would appreciate it if you were very careful throwing around words like “deceitful;” I take implications that I am a liar very seriously.
Look, the Supreme Court and the ICC are not comparable, in part because the status of signing/ratifying nations under the ICC is in no way analagous to the status of American citizens vis a vis the U.S. Supreme Court. We as individuals do not agree to submit to the jurisdiction of the Supreme Court; it asserts (or can assert) its jurisdiction over each of us because we are citizens of an over-arching national government. Appurtenant to that are mechanisms for enforcement by the Court, by which it may impose its jurisdiction upon each of us – we can, quite literally, be dragged before it. A court – any court – set up by consent is a different animal; it only exists through the consent of the participating nations, and for so long as the nations agree to participate. Furthermore, if the Supreme Court were being set up today, a real, demonstrable risk of “shennanigans” (i.e., corruption) would certainly be reason to refuse to submit to it. IMO.
Of course we can always get what we want, or walk away. If you won’t play by my rules, I’ll go home. I won’t take the ball andd bat – you can keep them and play with the other kids – but I’m going home. As is my right. What rationale would allow you to force me to stay and play? I continue to fail to see the arrogance of that position. If the treaty is deemed unacceptable, then it is not “arrogance” to walk away from it. Now, reasons may exist to stay (as COLLOUNSBURY argues), but the reasons to stay or go do not (and should not) devolve to “arrogance.” You may consider the action to be “arrogant,” but that is of course only your opinion and I am not required to share it.
That is not a “compromise Americans make.” The systems are largely separate, and the exercise of jurisdiction is inndependent in each case. You get [set X] rights under the federal system; you get [set Y] rights under the state system. You do not “compromise” in either case, because you get what is handed to you, in an existing system that is imposed upon you from above. The ICC is not part of an existing legal system, but rather part of an attempt to create one, and it is not imposed under the rubric of an overarching legal system of global governance, but rather by the consent of the treaty members, and only the treaty members. Again, the two are not comparable.