I do believe that Bush and other high-level administration officials will face a court someday, but I think it will be after 2009, and probably in a national court such as Brussels or Madrid (exercising universal jurisdiction) rather than the ICC. . .
Re: the ICC and complementarity. In theory, since the British have a functioning judiciary, capable of handling investigations and prosecutions, the ICC can refrain from issuing an indictment of Blair EVEN IF there is evidence of crimes within its jurisdiction. The same should be true regarding the United States, even though the US is not a party to the treaty. As long as the US, (and Britian and Australia and Italy) demonstrates competency in regard to prosecuting and punishing crimes of international concern, the ICC is supposed to stay out of the way. However: if theUS fails to investigate/prosecute (proves to be unable or unwilling') than the ICC, and foreign courts, can assert jurisdiction. That's why it is so important that we demand an investigation of Bush, now. If such a move is blocked, that opens up possiblities (later) in international arenas.
Amy Ross
Assistant Professor
Department of Geography
University of Georgia
Athens, Georgia 30602
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