Unrep MSC to amphib

Monday, December 04, 2006

War crime trials in Germany against...Rumsfeld? How it comes to pass...


Very nice explanation of the Humpty Dumpty notion of "Universal Jurisdiction" being pushed by some in Germany written by John Rosenthal and found here:
Whereas the announcement will undoubtedly have sent Rumsfeld-haters, Bush-bashers and anti-Iraq War activists the world over into raptures, those taking a more sober view of the matter as a strictly legal development may well have asked themselves "What war crimes did Donald Rumsfeld commit in Germany?"

After all, the principle of state sovereignty -- still at least nominally the cornerstone of the international system as reaffirmed in Article 2.1 of the U.N. Charter -- would appear to exclude any such prosecution of Rumsfeld by Germany if he had not. For one state to claim anything other than territorially based jurisdiction over acts of citizens of another state must, needless to say, be regarded as a hostile measure -- and all the more so if the latter are or were state officials and the acts in question were performed in official capacity. Were the other state to respond in kind -- say, in this instance, by charging German Defense Minister Franz Josef Jung for the real or imagined misdeeds of German troops -- its hostile nature would become especially plain and the potential for a perilous escalation, obvious. The raison d'ĂȘtre of the classical protections of sovereignty -- namely, the preservation of international peace -- is thus unmistakable.

But apparently it is not so well understood in Germany.
Maybe they're confused because they lost a war, committed war crimes and had people put on trial.

Maybe it's just more leftist nonsense.

No comments:

Post a Comment