2002 Ron Paul 13:1
Mr. Chairman: Thank you, Mr.
Chairman,
for holding this hearing on the important topic of the International
Criminal
Tribunals for the former Yugoslavia and Rwanda. For Americans, the most
important aspect of these international criminal tribunals is that they
are the
model for the UNs International Criminal Court. Indeed, it is the
perceived
need to make these ad hoc tribunals permanent that really led
to the
creation of the ICC in the first place. This permanent UN court will
attempt to
claim jurisdiction over the rest of the world within the next few
weeks, as it
has claimed that ratification by 60 countries confers world
jurisdiction upon
it.
2002 Ron Paul 13:2
This means that even though
the United
States has not ratified the treaty–though it was signed by President
Clintons
representative at midnight on the last day–the Court will claim
jurisdiction
over every American citizen, from President Bush on down. The Bush
Administration has admirably stated its opposition to the International
Criminal
Court, but it unfortunately has taken no proactive measures to unsign
Clintons initial signature or to make it known that the United States
has no
intention of cooperating with, providing funding to, or recognizing any
authority of this international court. The clock is ticking, however,
and the
day of reckoning is close at hand.
2002 Ron Paul 13:3
This court is every Americans
worst
nightmare. Currently, there are no protections for either US military
personnel
or civilians from the tentacles of this International Court. This means
when it
claims jurisdiction, you, I, or any of our 240,000 military personnel
stationed
across the globe can be kidnapped, dragged off a foreign land and be
put on
trial by foreign judges, without benefit of the basic protections of
the
American legal system, for crimes that may not even be considered
crimes in the
United States.
2002 Ron Paul 13:4
Pro-life groups in America
have already
expressed concern that the Courts claimed jurisdiction over enforced
pregnancy could make it criminal for groups to work to restrict access
to
abortionsndash;or even reduce government funding of abortions. The pro-ICC
Womans
Caucus for Gender Justice has already stated that countries domestic
laws may
need to be changed to conform to ICC Statutes. Former Assistant to the
US
Solicitor General, Dr. Richard Wilkins, said recently that the ICC
could
eventually be used to try the Pope and other religious leaders,
because issues such as abortion and homosexuality would ultimately fall
within
the Courts jurisdiction.
2002 Ron Paul 13:5
Supporters of the
International
Criminal Court are quick to say that the Court is modeled on the
Nuremberg
tribunal set up after World War II, but nothing could be further from
the truth.
Nuremberg was a trial initiated and prosecuted by sovereign nations. It
was a
reassertion of national sovereignty over the crimes of a regime that
disregarded
the concept, that saw other sovereign countries as merely living
space for their own people. As one analyst recently wrote, the
Nuremberg tribunal, unlike the Hague tribunal, was not really an
international
tribunal at all. The judges quite specifically stated that the act of
promulgating the Nuremberg charter was the exercise of sovereign
legislative
power of the countries to which the German Reich unconditionally
surrendered. There was no pretense that the international
community was
prosecuting the Germans.
2002 Ron Paul 13:6
The International Criminal
Court is to
be modeled after the tribunals dealing with Rwanda and Yugoslavia, that
is a
fact. Knowing how these tribunals operate should therefore terrify any
American
who loves our Constitution and our system of justice. In the Yugoslav
and
Rwandan tribunals, anonymous witnesses and secret testimony are
permitted; the
defendant cannot identify his accusers. There is no independent appeals
procedure. As one observer of the Hague in action noted, the
prosecutors
use of conspiracy as a charge recalls the great Soviet show trials of
1936-1938.
In one case, the Orwellian proportions of the Prosecution mindset was
revealed
as the accused was charged with conspiring, despite the admitted lack
of
evidence. It is not the destruction of evidence but its very
absence which
can be used to convict!
2002 Ron Paul 13:7
Indeed in the showcase trial
of the
ICTY, that of former Serb leader Slobodan Milosevic, chief prosecutor
Carla del
Ponte told the French paper Le Monde last year that no genocide charge
had been
brought against Milosevic for Kosovo because there is no evidence for
it. What did the Court do in the face of this lack of evidence? They
simply disregarded a basic principle of extradition law and announced
that they
would try Milosevic for crimes other than those for which he had been
extradited. Thus they added two additional sets of charges–for Bosnia
and
Croatia–to the indictment for Kosovo. The Kosovo extradition itself
was nothing
more than bribery and kidnapping. Milosevic was snatched up off the
streets of
Serbia after the United States promised the government it had helped
install
millions of dollars in aid. That national sovereignty was to be
completely
disregarded by this international tribunal was evident in its ignoring
a ruling
by the Yugoslav Constitutional Court that extradition was illegal and
unconstitutional. Yugoslav officials preferred to put Milosevic on
trial in
Yugoslavia, under the Yugoslav system of jurisprudence, for whatever
crimes he
may have committed in Yugoslavia. The internationalists completely
ignored this
legitimate right of a sovereign state.
2002 Ron Paul 13:8
Supporters of the
International
Criminal Court, like the World Federalist Association, claim that ICC
procedures
are in full accordance with the Bill of Rights. They arent. One
pro-ICC website
sponsored by the World Federalist Association, attempting to dispel
myths
about the Court, perhaps unintentionally provided some real insight. In
response
to the myth that the ICC is unconstitutional, the website argues
that The Rome Treaty establishing the International Criminal Court
provides almost all the same due process protections as
the U.S.
Constitution. Every due process protection provided for in the
Constitution is
guaranteed by the Rome Treaty, with the exception of a trial by jury.
Since when is almost all equal to all? Either the Rome
Treaty provides all the protections or it does not provide all the
protections,
and here we have by its own admission that the ICC is indeed at odds
with
American due process protections. So what else are they not telling the
truth
about? Another claim on the World Federalist Association website is
that the ICC
is that the rights of the accused to a presumption of innocence is
guaranteed.
Interestingly, on the very same website the accused Slobodan Milosevic
is
referred to as a criminal. Not very reassuring.
2002 Ron Paul 13:9
It is very convenient for
supporters of
this International Criminal Court that the high profile test case in
the
Yugoslav tribunal is the widely reviled Slobodan Milosevic. They
couldnt have
hoped for a better case. Any attack on the tribunal is immediately
brushed off
as a defense of Milosevic. It is illustrative for us to take a look at
how the
Milosevic trial is being prosecuted thus far. After all, today it is
Milosevic
but tomorrow it could be any of us. And with the Milosevic trial, the
signs are
very troubling. We have all seen the arrogance of the judge in the
case, who
several times has turned off Milosevics microphone in mid-sentence.
Thus far,
the prosecution has attempted to bring as witnesses people who are on
the
payroll of the tribunal itself, as in the case of Besnik Sokoli. Other
witnesses
have turned out to have been members of the Kosovo Liberation Army,
which is the
armed force that initiated the insurgent movement within Yugoslavia.
Remember,
Milosevic was extradited for Kosovo and for Kosovo only, but the
weakness of the
case forced the Court to add other charges in other countries. Now,
after
Milosevic has shown himself adept at cross-examination, the prosecution
is
seeking to have the judge limit Milosevics ability to cross-examine
the
prosecutions witnesses. This in itself flies in the face of our system
of
evidence law, which allows the defendant nearly unlimited ability to
cross-examine a witness as long as it is relevant to testimony.
2002 Ron Paul 13:10
Mr. Chairman, these
international
tribunals and the International Criminal Court that they spawned are
bad for
America and bad for the rest of the world. The concept of a permanent
criminal
court, run by unelected bureaucrats, third rate judges, and political
hacks, and
answerable to no one, undermines everything that free peoples should
hold dear.
It is about American sovereignty, the sovereignty of our American legal
system,
but that is not all. It should also be important for Americans that the
sovereignty of the rest of the world be maintained as well, as when
sovereignty
is undermined anywhere by an un-elected international body, it is under
threat
everywhere.
This chapter appeared in Ron Pauls Congressional website at http://www.house.gov/paul/congrec/congrec2002/cr022802B.htm