-Caveat Lector-
Begin forwarded message:
From: [EMAIL PROTECTED]
Date: March 18, 2007 5:33:52 PM PDT
To: [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED], [EMAIL PROTECTED]
Subject: Bush, Blair on Trial as War Criminals? Maybe
Court 'can envisage' Blair prosecution
By Gethin Chamberlain,
Sunday Telegraph, 17/03/2007
http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/03/18/
nirq118.xml
Tony Blair faces the prospect of an International Criminal Court
investigation for alleged coalition war crimes in Iraq.
The court's chief prosecutor told The Sunday Telegraph that he
would be willing to launch an inquiry and could envisage a scenario
in which the Prime Minister and American President George W Bush
could one day face charges at The Hague.
Luis Moreno-Ocampo urged Arab countries, particularly Iraq, to sign
up to the court to enable allegations against the West to be
pursued. Iraq's ambassador to the United Nations said that his
country was actively considering signing up.
America has refused to accept the court's jurisdiction and is
unlikely to hand over any of its citizens to face trial. However,
Britain has signed up and the Government has indicated its
willingness to tackle accusations of war crimes against a number of
British soldiers.
Mr Moreno-Ocampo said it was frustrating that the court was viewed
in the Arab world as biased in favour of the West. Asked whether
he could envisage a situation in which Mr Blair and Mr Bush found
themselves in the dock answering charges of war crimes in Iraq, he
replied: "Of course, that could be a possibility -- whatever
country joins the court knows that whoever commits a crime in their
country could be prosecuted by me."
Human rights lawyers remain sceptical about whether charges will
ever be brought.
Some Muslim countries have criticised what they claim is the
court's reluctance to address offences committed by western
governments.
Sudan, which has been investigated over its role in the killing of
civilians in Darfur, has called for the court to investigate
coalition actions in Iraq, while Mahathir Mohamad, Malaysia's
former prime minister, has announced plans to set up an alternative
war crimes tribunal to hear complaints against countries including
Britain, Israel and America.
Mr Moreno-Ocampo said that, while he was sympathetic to the views
of Arab countries, the answer was for them to get involved in the
legal process.
The court is restricted in what it can investigate. The UN Security
Council can ask it to act - as in the case of Darfur - or the court
can launch an investigation if it receives a complaint from a state
which is party to the Rome agreement that established it. It can
also look into alleged offences carried out by, or on the territory
of, a party to the agreement.
Jordan has signed up and Afghanistan is a signatory, though Sudan
is not. Days before the invasion of Iraq in 2003, Saddam Hussein
approached lawyers in Britain about signing up but was overtaken by
events. Had he succeeded, the actions of the US in Iraq would fall
within the court's jurisdiction.
Mr Moreno-Ocampo said it was still possible for an investigation to
be launched into coalition actions in Iraq if that country signed up.
Hamid al-Bayati, Iraq's ambassador to the UN, said Iraq was
actively considering joining.
The court is currently prosecuting cases against the Lords
Resistance Army in Uganda, a militia leader in the Democratic
Republic of Congo and a number of individuals alleged to have been
involved in the conflict in Darfur.
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