The recent United Nation Security Council decision to freeze the assets of the Gaddafi family was heralded as a high-point of international cooperation to fight authoritarian abuse. What has gotten less press attention is the role of the United States in drafting the resolution. The Obama Administration insisted on adding a provision that barred the punishment of mercenaries for war crimes committed in the country — out of concern that the same principle could be used against U.S. contractors in places like Iraq.
The U.S. move is consistent with President Obama’s policy of the last two years in barring the prosecution of any U.S. officials for ordering or carrying out torture of detainees in violation of a host of international agreements. His Administration has also worked to bar any prosecution of U.S. contractors accused of murdering citizens in Iraq and Afghanistan.
The U.S. provision states:
6. Decides that nationals, current or former officials or personnel from a State outside the Libyan Arab Jamahiriya which is not a party to the Rome Statute of the International Criminal Court shall be subject to the exclusive jurisdiction of that State for all alleged acts or omissions arising out of or related to operations in the Libyan Arab Jamahiriya established or authorized by the Council, unless such exclusive jurisdiction has been expressly waived by the State.
In one article, French Permanent Representative Gerard Araud responded to a torrent of criticism over the provisions by explaining
“that’s, that was for one country, it was absolutely necessary for one country to have that considering its parliamentary constraints, and this country we are in. It was a red line for the United States. It was a deal-breaker, and that’s the reason we accepted this text to have the unanimity of the Council.”
Obama’s contribution at this high point of international cooperation is to insert an ignoble provision barring war crimes prosecutions in Libya. We have now come to this. While we once were the leader in war crimes prosecutions, we are now viewed as an enabler of such conduct. What is striking is that none of these individuals — or the victims — are U.S. citizens. While the measure does not prevent prosecution by host nations, it blocks the most likely forum for punishment. The United States has shown how a nation can simply refuse to prosecute individuals who admit to acts that constitute torture or war crimes. Thus, when it allows for mercenaries to “be subject to the exclusive jurisdiction” of their own country, the Obama Administration has already shown how such nations can protect people accused of war crimes and has taken steps to prevent other nations from enforcing international agreements on torture.
We are now viewed as not just hypocritical on human rights, but effectively making war crimes prosecutions as discretionary matter for nations.
In this case, the Obama Administration will guarantee that those mercenaries from Algeria, Ethiopia and Tunisia would not be prosecuted in Libya — the scene of the crimes including gunning down unarmed civilians and other atrocities. It continues a controversial policy of President George W. Bush.
Source: Telegraph
Jonathan Turley
Tony C.,
In my opinion your analysis is about as close to a true prediction of upcoming events as we are going to get … at least based on knowing what we do right now.
Someone like Palin will do it for the money, or someone will fall on his sword for the party as Dole did, or someone will do it simply to be a footnote in the history books (pure ego-drive), but no smart pol will do it to win.
I’m all about the states in 2012 and I think the Democrats will be able to regain some seats based on the disaster that is the teabaggers and the fact that many will be in the booth voting for Obama … coattails. 2010 governors will still be seated but state reps will change based on the same facts as I just mentioned.
The year 2014 will be gearing up time for the Republicans and 2016 will be the big push. That is going to be one hell of an election … and worth debating for the choice will be real.
Right now, as far as I’m concerned, the Presidential election of 2012 isn’t worth the breath it takes to debate … what’s going on in the states is.
bdaman, I think things are getting better. The economic data certainly shows it. The Chicago PMI was way up today.
Jill,
maybe it was just me not seeing it. We will make it right and I think it has already started!
rafflaw,
I agree it won’t be easy but it can be done! Hope is never built on lies to self or others, but always on a clear understanding of a situation. A clear understanding of the situation in the US isn’t pretty. That doesn’t mean we can’t make it right. Understanding is the necessary condition of making it right. I’m sorry that I was not conveying those feelings on my part. I thought I was, but evidently did not.
Bdaman,
that one world government stuff is just crap right out of the JOhn Birch Society and the Koch’s. It is meant to scare the little folk like us into listening to what the new world Royals are telling us. In other words, the wealthy and corporate interests want you to believe that nonsense so that they can control everything else that they don’t already control now.
bdaman, You are right. Time is on your side.
To be honest I think time is running out. I think they want the whole or much of the world to collapse to bring it back as one. A one world government. Scares the shit out of me to think the headline, The Fall of the United States.
Jill,
It makes me feel good to see you more hopeful! It won’t be easy and people just may be waking up to the reality of the corporations and the wealthy and their control of this country.
Don’t really want the military to take over in the USA as they have done in Eqypt. They already have too much power. Has Obama been a dictator for 30 years? I don’t think so.
bdaman, You are right. Time is on your side. You can just be anti- obama until the primaries start next year. Then you and the rest of the anti-Obama people will need to step up and be for someone.
Yes rafflaw,
People are waking up! It’s hard going because of all the propaganda but still, it’s happening. Look at WI. Even in Ohio we had protests at the bogus govt. budget cutting and Ohio is a very conservative state.
This is why I feel telling the truth is so important. It may be scary, hell to me, it’s terrifying, but on this matter the bible is correct, “The truth will set you free”. We will be lost if people cannot acknowledge what is really going on. As hard as it is, as much as it may hurt, we must face reality–that is our only chance. We have to face down wrong doing by this corrupt govt. We cannot do this if we keep ignoring how corrupt it is. Once we overcome the hurdle of disinformation and our own desires to shirk from reality, we can take real corrective action.
People are powerful. Look at Egypt. Those people confronted a heavily armed, internationally connected, completely corrupt govt. It’s not over and they know it, but they were brave, they are still brave and they are willing to put everything on the line for their freedom and a good society. If the Egyptians can do that, so can we!
Jill,
is there anything that makes you hopeful for our nation?
yes, it seems we have two choices when we go to the polls:
The Republicans will kill us fast and painfully. Third world banana republics will surpass us soon.
OR
The Democrats will kill us slowly. Third world banana republics will surpass us in a few years.
I know Obama was not a liberal when I voted for him but I had no idea he was a closet imperialist on a par with Boy Blunder.
@Blouise: I wouldn’t be surprised if an indecent Republican ran against him, though. Palin, for example. Just my opinion; but I think she doesn’t want to win; and is just sociopathic enough to want to run for the publicity and money she thinks she can con out of the tea party and dummies.
I very seriously expect some unprincipled, fear mongering rabble rouser to run, not to win, but to make a few million off the racism and bigotry ginned up by FOX and friends at the behest of Republicans. As we have seen recently, the controls on campaign finance are essentially non-existent. Candidates can do anything they want with that money. How can Palin resist it? Screw the polls, winning isn’t the point and she doesn’t want the job, the point is the celebrity and campaign donations she can use to live like royalty and use for political influence. And divert into her bank account; there are a hundred ways to do that now with virtually zero oversight, if SHE is at the top of the ticket.
and then there’s this one
Swathmore Mom 🙂
BIL,
We are a very weak nation. I’m not a fan of finding a nation’s strength in its military, but we are on the brink of financial collapse. By this I don’t mean the ginned up “fiscal crises”, I mean the real one. The speculation by Wall Street never stopped, even after the disaster of 08. The next collapse will finish us off as a nation.
“Republics and princes that are really powerful do not purchase alliances by money, but by their valor and the reputation of their armies.” – Niccolo Machiavelli, “The Discourses”, Book 2 Ch XXX
We protect these mercenaries so that we may protect our own. If we did not have mercenaries in Iraq, Afghanistan etc, etc, we would need to institute a draft to conduct our wars of empire.
We continue to hire mercenaries from companies that have committed crimes, to include murder. Therefore, we must not allow any accountability or our own murderers might be on trial.
Like Tony C. I fail to understand how this can be made acceptable to anyone. It is dangerous for all the reasons Scahill has well laid out. Mercenaries are loyal to their paymaster. They will do anything and they already have. That our govt. continues to employ people who murder and torture, let alone actively shield them from prosecution, should scare the shit out of our population.
It won’t because it’s that nice man Obama doing the shielding and the hiring, but it should.
Another one where I don’t have anything to add. The idea that the United States would support this, much less spearhead it, in the midst of mercenaries reportedly committing war crimes in Libya is staggering.
rafflaw, I don’t think it will be that easy because of Koch and a bunch of Texas billionaires.