Hatton Humphrey wrote:
> That doesn't sound right... so if I'm a leader and go in and order a 
> bomb drop on an area known to be inhabited by noncomattants and 
> civilians, then my country has to request my prosecution?

Not necessarily. The country that was bombed can ask this as well.
However, this is not something that falls under the ICC charter as long 
as there is no pattern of repeatedly doing so without a military reason. 
Accidents like that bombed wedding in Afghanistan or the bombing of the 
Chines embassy in Yugoslavia are outside the jurisdiction of the ICC.


> Something doesn't sound right with that... if I'm fighting for my 
> country and someone from the enemy decides to try and ruin me by 
> providing false information or points the finger at the wrong person, 
> wouldn't the other country have to be the prosecutor?

Not necessarily.

Some countries may decide they are not equiped to handle these cases. 
Especially countries where former rulers have greatly influenced the who 
are judge in which court have this problem. They may choose to let these 
cases be handled by the ICC. But it always their own choice, if they 
handle it themselves in a decent way the result is immunity for the ICC.

I think this is quite similar to the way Milosevic ended up for the 
Yugoslavia Tribunal. They could have sentenced him to death in 
Yugoslavia for what he did, but why do that and have to deal with the 
political consequences when you can just send him to an international 
tribunal far away where you don't have to worry about cronies setting 
him free nor about due process because that is all handled for you?


> Regardless, once the information is out the world press will take it and 
> run until refuted, disputed or proved inaccurate.  Also, the legal 
> system in the US requires a stance of innocent until proven guilty in a 
> court of law by a fully qualified trial including the possibility of a 
> decision made by a jury of peers. 

I don't think they are actually "peers" when a soldier is court 
martialled. Or are soldiers allowed in a miltary jury nowadays?


>  What are the rules for the ICC?

Read the treaty. Or the link Larry posted.

Jochem

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