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After Israel, Will The Hague Court Go After America?


(Ha'aretz) Nathan Guttman - The U.S. is not a big fan of expanding the authority of the International Court of Justice (ICJ) in The Hague and the transfer of disputes between nations for adjudication there, but it is also far from liking the separation fence that Israel is erecting in the territories. The message that Israel is sending to the U.S. is that the issue to be discussed at The Hague is not the question of whether the separation fence is good or bad, but rather whether the International Court is becoming the supreme forum for settling questions of international affairs. If it is the ICJ that makes the decisions, then America's diplomatic strength as a great power is eroded. The U.S. has a truly hostile attitude toward the ICJ's younger brother, the International Criminal Court (ICC), which was established a year ago to deal with war criminals. President Bush and Congress have refused to ratify U.S. membership in this court. The Americans fear it will serve as a political stage for trying American soldiers and statesmen for actions they have carried out overseas. This fear plays a key role in the U.S. attitude toward the deliberations in The Hague on the separation fence. Getting a binding decision against Israel at the court will pave the way for a series of possible complaints to the court against the U.S. on the American presence in Iraq or the holding of foreign detainees without legal rights at Guantanamo. In the case of the ICJ, the U.S. is interested in setting the limit before American policy finds itself in the defendant's dock.
2004-01-28 00:00:00
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