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I have been saying for some time that the European Union is NOT the friend of the United States of America.  Nor is the International Criminal Court.  The ICC is now seeking indictments in the election violence in Kenya.  Even the Washington Post suggests it goes too far:

Justice for human rights crimes is important; but Kenya’s continued peace and democratic progress is of greater value than another endless prosecution in The Hague.

Of course the Post is right (I see a reader fainting!  Are you all right?) but they do not go far enough.  The Post rightly criticizes the ICC prosecutor as being overzealous and thus a impediment to peace and stable institutions.  But rogue prosecutors are not the only problem with the ICC; the court is another threat to US sovereignty.  This is an internal matter peculiar to Kenya.  The Post admits that only mid-level perpetrators will be summoned:

The prosecutor diplomatically singled out three leaders from each of the two principal sides in the fighting, while leaving their leaders – President Mwai Kibaki and Prime Minister Raila Odinga – untouched.

That is not justice at all.  Naturally the Obama administration supports the ICC and has encouraged Kenya’s cooperation.  But Kenya’s parliament has a different idea:  Withdraw from the ICC!

Trade minister Chirau Mwakwere asked the rest of Africa to follow Kenya’s example and withdraw from the Hague.

He was ashamed, he said, to have been the one to sign the Rome Statute in 2005 on behalf of the Government, as Foreign Minister.

Rah!  All nations should withdraw from the ICC and the US should support those efforts.  Make it official policy.  The next person indicted by the ICC might be President George W. Bush or Vice President Dick Cheney or former Defense Secretary Rumsfeld or another dedicated public servant. See this chilling paragraph from the article on the Bush/Cheney complaint:

Professor Francis A. Boyle of the University of Illinois College of Law in Champaign, U.S.A. has filed a Complaint with the Prosecutor for the International Criminal Court (I.C.C.) in The Hague against U.S. citizens George W. Bush, Richard Cheney, Donald Rumsfeld, George Tenet, Condoleezza Rice, and Alberto Gonzales (the “Accused”) for their criminal policy and practice of “extraordinary rendition” perpetrated upon about 100 human beings.  This term is really their euphemism for the enforced disappearance of persons and their consequent torture.  This criminal policy and practice by the Accused constitute Crimes against Humanity in violation of the Rome Statute establishing the I.C.C.

No one should have as a reward for public service a lifetime sentence to never leave our shores.  The ICC is NOT our friend!  (Thanks to Marc Thiessen for this lead!)




About Elwood Sanders

Elwood "Sandy" Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia's first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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