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Apr. 28th, 2003 08:59 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
khaosworksFranks may face war crimes charges
Press Association
Monday April 28, 2003 1:23 PM
On one hand, the argument goes that there certain things are done in war which need to be done but skirt the line or even cross the line into war crimes - to say there is such a thing as a war crime is naive; war is a crime. Why the Hell should we let another nation judge us? Further, the danger is that such prosecutions will be politically motivated, i.e. raised because of anti-American feeling, rather than objective indictments based on evidence.
On the other hand, of course, this is the recognition that there are rules even in war - the Geneva Convention is precisely the attempt to draw a line to say what is permissible behaviour and what is not. It is also a recognition that nobody - no country is above the law. Surely the scrutiny of world opinion would ensure that such actions are above board?
Press Association
Monday April 28, 2003 1:23 PM
Iraqi civilians are preparing to take Allied commander Gen Tommy Franks to court in Belgium accusing him and other US military officials of war crimes in Iraq.As you probably know, the US has always been firm when it comes to opening its own military up to the war crimes tribunals - it's not going to recognize their authority. This is pretty much a foregone conclusion - even if they issue indictments, the US is going to ignore them. Besides, it's just Belgium. As Coca-Cola® boss Doug Ivster said once, "Where the fuck is Belgium?"
The complaint will say coalition forces are responsible for the indiscriminate killing of Iraqi civilians, the bombing of a Baghdad market, the shooting of an ambulance and the failure to stop hospitals being looted, said Jan Fermon, a Brussels-based lawyer.
He is representing about 10 Iraqis who say they were victims of or eyewitnesses to atrocities committed during Operation Iraqi Freedom, The Washington Times said.
Fermon said the complaint will ask an investigative magistrate to look into whether indictments should be issued against Gen Franks. If an indictment is filed against the general and other US officials, they could be convicted and sentenced by a Belgian court.
"Belgium could issue international arrest warrants, but I don't think we will get to that point," he told the newspaper.
If arrest warrants were issued, American officials could be arrested upon entering Belgium.
The Bush administration has reacted angrily to the complaint.
A senior US official warned that "there will be diplomatic consequences for Belgium" if the complaint is taken up by a court there and Belgian authorities issue indictments against Gen Franks and other US officials.
On one hand, the argument goes that there certain things are done in war which need to be done but skirt the line or even cross the line into war crimes - to say there is such a thing as a war crime is naive; war is a crime. Why the Hell should we let another nation judge us? Further, the danger is that such prosecutions will be politically motivated, i.e. raised because of anti-American feeling, rather than objective indictments based on evidence.
On the other hand, of course, this is the recognition that there are rules even in war - the Geneva Convention is precisely the attempt to draw a line to say what is permissible behaviour and what is not. It is also a recognition that nobody - no country is above the law. Surely the scrutiny of world opinion would ensure that such actions are above board?
no subject
Date: 2003-04-28 07:28 am (UTC)I think you just answered your own question. Yes, the scrutiny of world opinion would help ensure that the rules of war are followed -- but Belgian courts (using Belgian law) are not a manifestation of world opinion. They are, rightly, not going to accept meddling in their courts any more than we would in ours, so they (and we) are not the appropriate venues for resolving such matters.