A Bully Using Threats About Money is Still a Bully

Brian Tamanaha

The United States proudly holds itself up as a country that abides by the rule of law. And of course this country is against genocide and other crimes against humanity. You would think, therefore, that the United States supports the International Criminal Court. The Clinton Administration did, but not the Bush Administration. Correct that: the Bush Administion is not against the ICC as such, only against the possibility that it might be used to prosecute Americans.

The objection is not quite that Americans would never engage in such reprehensible acts (recent war-prison events would make that claim a tough sell right now). Rather the objection is that other countries might use ICC proceedings against Americans for political retribution. Administration officials admit that the risk is small, especially since the threshold for ICC jurisdiction is high (the conduct has to be beyond awful), and would not kick in unless the home country refuses to prosecute.

Notwithstanding our objections, the ICC was established--now up and running at the Hague--with the agreement of 139 countries. To avoid the ICC, the US has pressured other countries to sign bilateral agreements in which they promise to not cooperate in any ICC prosecutions involving Americans. According to a NY Times report, about 100 countries have signed, some more willingly than others. For the less than willing, our main "encouragement" has been to withhold US aid from countries that refuse to sign such agreements. This bargaining tactic is most effective with poor countries, a number of which have caved owing to their need for the money. Others still hold out, refusing to sign, suffering the consequences, insisting that supporting the ICC is worth the pain visited by losing the aid.

One can be sympathetic to the Bush Admistration's desire to protect American citizens (no matter how small the risk), but still find our tactics, well...embarassing, unworthy of a great nation, poor form, just plain bullying. It's our money, and the're not entitled to it (as an unapologetic Congressman astutely pointed out), but this is just too underhanded of a means to our end. Worst of all, it sends a clear message about how money and power can be used in cynical ways to evade the law.
Posted 7:05 PM by Brian Tamanaha [link]