It's proven useful of late in Afghanistan, but Annan shouldn't expect miracles.
As envisioned by the Administration, it's unilateralism with a multilateral face.
While the United States has spent the past few weeks imploring other countries to cooperate with our war on terrorism, behind the scenes it's apparently retaining an isolationist agenda. In a particularly ill-timed maneuver, the Administration on September 25 pledged to support the deceptively titled American Servicemembers Protection Act (ASPA), sponsored by Republicans Jesse Helms, Henry Hyde and Tom DeLay.
Although it has largely eluded public attention, ASPA is a slap in the face to the many allies that have spent years struggling to construct a legitimate vehicle for combating the most vicious war crimes, crimes against humanity and genocide. For ASPA not only prohibits all US cooperation with the International Criminal Court (ICC), it suspends military assistance to any non-NATO member (except certain allies like Israel, Japan and Egypt) that joins the court, rejects participation in any UN peacekeeping operations unless the Security Council exempts American soldiers from prosecution by the court and authorizes the President to use "all means necessary" to liberate Americans or allies held by the international tribunal (hence its European nickname, "The Hague Invasion Act").
Until now, the bill might have been dismissed as meaningless venting by a handful of extremists. But the Administration's support gives it a far more sober--and sinister--tone. The Administration signed on after negotiating changes that eliminate some of the original bill's thornier constitutional problems. (The President could now provide military assistance to a country that participates in the ICC if he deems it in the national interest, for example.) But those changes and Bush's support also make it far more likely that this public proclamation opposing an international effort to bring perpetrators of terrorism and genocide to justice will become law.
This obstruction is particularly ironic now, when the United States is insisting on world collaboration against terrorism. But it's also distressing because our government is a signatory to the 1998 Rome treaty that created the court. Although Clinton expressed reservations when he signed it, he at least committed the United States to work toward creating an international court it could support. Even if this Administration won't ratify the treaty in its current form, supporting a bill that undermines a treaty we've already signed and threatening the treaty's supporters is a remarkably underhanded maneuver, given the mask of international cooperation we're now strutting out on the world stage.
Sure, Jesse Helms labels it a "kangaroo court," but keep in mind what the International Criminal Court will be. Hammered out over more than five years by hundreds of international lawyers, scholars and diplomats, including many Americans, the court--which is expected to receive the necessary sixty ratifications by next summer--will be a permanent institution based in The Hague equipped to try, in addition to genocide and strictly defined war crimes, just the sort of crime against humanity we saw on September 11. Setting aside whether military action is justified to seize the perpetrators, if the court existed today it's possible we could have avoided the issue altogether. An international court holds a legitimacy in the eyes of the international community that a United States court cannot. Even a government like the Taliban might have a harder time refusing to turn over suspected terrorists to an international tribunal than to what it views as suspect US authorities.
Opponents claim the court would place American soldiers and officials at risk of frivolous political prosecutions. That ignores the many elaborate constraints written into the Rome statute. Moreover, the court will be controlled by our allies. Right now, we're aligned with countries like Iraq that oppose it. But all NATO members (except Turkey) have signed and most have ratified the treaty, as have most of the nations in the EU, which has announced its intent to ratify, calling it "an essential means of promoting respect for international humanitarian law and human rights." Recently, Great Britain--now our closest ally in the war against terrorism--became the forty-second country to ratify. (Switzerland is the latest to follow suit.)
Republicans have whipped up fears that the ICC is a rogue court that would prosecute Americans and deny them due process. But the treaty provides virtually all rights guaranteed by the US Constitution except a jury trial. Notably, the American Bar Association--always sensitive to such concerns and hardly a body of radicals--is a strong ICC supporter.
Given all the statute's safeguards, the only people truly threatened by the International Criminal Court are those who commit genocide, intentional large-scale war crimes or "widespread or systematic" crimes against humanity. The Administration's support for ASPA suggests it wants to raise American officials above international law. This is a bad time to be pressing that point, both on our allies and before our enemies. For if part of what sparks hostility toward the United States is our arrogance, then actively undermining this landmark step toward worldwide enforcement of the rule of law will only fuel it.
New types of violence are on the rise, and the only exit route is political.
Although it may appear that the aftershocks of September 11 have somewhat deposed the discourse of human rights and international law and replaced it with that of law and order, there is still a great deal to fight for. If anything, in fact, the new context makes it more urgent that there be solid rules of international criminal evidence and reliable institutions of international law. . . .The most vocal public opponent of the principles of "universal jurisdiction" is Henry Kissinger, who has a laughably self-interested chapter on the subject in his turgid new book Does America Need a Foreign Policy? (a volume, incidentally, that if it had any other merit might be considered as a candidate for title of the year). . . . It was utterly nauseating to see Kissinger re-enthroned as a pundit in the aftermath of September 11, talking his usual "windy, militant trash," to borrow Auden's phrase for it.
To some of us in Africa, it seems as if your new President is
scared of getting involved.
Behind closed doors at the UN and in Western capitals, government and corporate officials are arguing over the size and governance of a fund that is going to be the primary international response to the greatest public health pandemic since the Black Death.
Who says this is a do-nothing Congress? Sure, it can't agree on expanding the childcare tax credit or approve an increase in the minimum wage. Yet, as Congress prepares to adjourn, legislators were rushing to protect and expand tax subsidies for some of the largest, most profitable corporations in the world. Under current law, US exporters can set up largely paper presences in foreign tax havens like Barbados. The exporters can then exempt between 15 and 30 percent of their export income from taxes by routing products through these entities, called Foreign Sales Corporations. In a recent case filed by the European Union, however, the World Trade Organization ruled that the FSC tax break was an illegal subsidy.
Precedent has shown the United States more than willing to bend to the will of the WTO. For example, when the WTO ruled against an Endangered Species Act protecting sea turtles, the United States quickly eased its regulations. Yet when a multibillion-dollar tax incentive is at stake, Washington falls all over itself to protect corporate welfare.
Immediately after the WTO ruling against FSCs, the Clinton Administration, a few members of Congress and the business community began meeting in secret to work out a bill that eliminates FSC in name only while actually expanding export subsidies for a total cost to taxpayers of about $4 billion a year. The beneficiaries? General Electric, Boeing, Raytheon, Cisco Systems, Archer Daniels Midland and others. The House approved this bill with only forty minutes of debate and no amendments allowed, by a vote of 315 to 109. The bill was held up in the Senate because some objected to the tax break for arms manufacturers and subsidies for tobacco exports. Despite the objections, the bill is expected to be tacked onto a must-pass budget bill and signed by the President.
The proponents of this giveaway claim it will promote US jobs. However, the Congressional Budget Office, whose director was appointed by Republicans, has written, "Export subsidies do not increase the overall level of domestic investment and domestic employment.... In the long run, export subsidies increase imports as much as exports." The nonpartisan Congressional Research Service reached a similar conclusion.
It gets worse. The tax break may actually subsidize moving US jobs overseas. There is no requirement that a substantial portion of a product covered by the subsidies be made with US content or with US labor. An Administration official said that an eligible product could have "little or no US content" and still qualify.
Not only is the legislation not economically justifiable, it is not likely to comply with the WTO ruling. The EU has already stated that the changes aren't adequate, and it intends to seek authority to retaliate by imposing 100 percent tariffs on some $4 billion worth of US goods.
I am not a fan of the WTO. It is an unaccountable, secretive, undemocratic bureaucracy that looks out for the interests of multinational corporations and investors at the expense of human rights, labor standards, national sovereignty and the environment. But by pointing out that export subsidies like FSCs are corporate welfare, the WTO has done US taxpayers a favor. It has once again highlighted the fact that US trade policy is written by and for corporations, with no concern for workers, human rights or environmental protection.
If Western Europe is to be independent it must defend its welfare state.
It took them thirteen years to ditch
Old Slobodan Milosevic.
Now people see a new day dawn,
But notice that he's still not gone.