-Since this thread started out asking about NATO/charter--
I do have a question relating to internatioal law, posed mostly to Europeans here as it would pretty much rely upon you--and then sort of went in another direction (wow, do I wish we didn't have dumb and dumber as the two parties running our gov't... the Dem's can't stop talking about getting out of this war because, "we're wasting money... oh, and lives too..." then they want to go ahead and pass an "Illegal Immigration" Blll that will cost us between $1-$2 Trillion. That is, they want to pass a bill that contains more laws, for people to follow who have already broken the laws?!?! No sealing the boarder either, it costs too much
nfloorl: After hearing those numbers, this war sounds cheap!
Anyway, the qestion is regarding the Genocide Convention, the Iternational Criminal Court Treaty (ICC) and Mr. Ahmadinejad (even his friend Rafsanjai).
When Ahmadinejad has lead, "Death to America," "Death to Israel," "Death to Britain" chants among his people and military, doesn't that violate Article 3c (I know, you all have it memorized
), which makes punishable the "direct and pblic incitmet to commit genocide"? Genocide is defined in part as, "kiling, in whole or in part, members of a national group."
If that doesn't than the statement he made about "Wiping Israel off the face of the map/earth" (some say we can't translate, and what he really said was, "Erase Israel from the pages of History." Fine, big difference--perhaps it's worse in that Israel can't erase itself from books all around the world, but nukes could. Regardless, he's also theatened to "uproot" Israel and on and on. He also said, "He wants a world without America." This was done in front of thousands of people and he used Posters/Props in eglish that have those pictures of "Hour glasses with a ball with the Israeli Flag falling down through the middle of it, while at the bottom, there is only a ball with an Amercan Flag on it that has it top cracked off."
Rafsanjani, who I believe has an Interpol warrant out for his arrest, said (while President in 2001): If one day, the world of Islam comes to possess the weapons currently in Israel's possession-on that day this method of global arrogance would come to an end. This is because the use of a nuclear bomb in Israel will leave nothing left on the ground, whereas it will ony slightly damage the world of Islam." The Genocide Convention has an additional defintion, "deliberately inflicting on the national group conditions of life calculated to bring about its physical destruction." I'm no lawyer, but the former Iranian President saying that using a nke in Israel, would inflict upon Israel a condition of life that would bring about the physical destruction of a national group... not to mention a "lesser" destruction of Arabs!
It is also worth noting that the new International Criminal Court (ICC) also has some very specific provisions relating to genocide. Article 25(3)(e) of the Rome Statue of the ICC provides individual criminal responsibility for any individual who directly and publicly incites others to commit genocide.
Again, the President of Iran made his statements in public – before thousans of people and posters/props that were in English. He made no attempt to hide his remarks. The Iranian foreign minister explicitly and publicly endorsed the remarks as the policy of the Iranian government. Ahmadinejad quite clearly made public incitements to commit genocide against the nation of Israel if not the US and GB or other Europea countries he's threatened.
Article 27 of the Rome Statue also makes clear that its provisions for individual criminal responsibility apply “equally to all persons without any distinction based on official capacity” such as a head of state or government.
Article 77 of the Statue authorizes the ICC to imprison individuals for committing
crimes defined by the Statue.
[Reason for European Help]
Iran has signed but not ratified the Rome Statue and is therefore not a State Party to the ICC. Therefore, the only mechanism by which to provide the ICC with jurisdiction in the case of President Ahmadinejad’s public incitement to genocide against Israel/US/GB/Others is to have the U.N. Security Council refer the matter to the ICC.
Because the United States is not a State Party to the ICC treaty and may therefore not consider itself the appropriate country to bring this matter up in the Security Council, so it would need to be brought by European member to the Security Council to the ICC.
IMO, the referral of this matter to the Security Council by a
European country will make a strong statement that State Parties to the ICC treaty take the ICC seriously and intend to enforce its provisions designed to deter genocide.
Do any of you have an opinion if this--which I've heard suggested-- is something Europe would do (ask France or the UK-- I don't know every other country rotating around the Security Council today, off of the top of my head) to bring this case forward? Again, since we arn't a State Party to the ICC we can't really bring this to the ICC.:unknown I believe this is seperate from the Genocide Convention (again, not a lawyer).