Timothy Bancroft-Hinchey
Pravda
January 27, 2010
International arrest warrants have been requested for George W. Bush, Richard (Dick) Cheney, Donald Rumsfeld, George Tenet, Condoleeza Rice and Alberto Gonzales at the International Criminal Court, The Hague, Netherlands.
Professor of Law Francis A. Boyle of the University of Illinois College of Law in Champain, United States of America, has issued a Complaint with the Prosecutor for the International Criminal Court against the above-mentioned for their practice of “extraordinary rendition” (forced disappearance of persons and subsequent torture) in Iraq and for criminal policy which constitutes Crimes against Humanity in violation of the Rome Statute which set up the ICC.As such, the Accused (mentioned above) are deemed responsible for the commission of crimes within the territories of many States signatories of the Rome Statute, in violation of Rome Statute Articles 5 (1)(b), 7 (1)(a), 7 (1)(e), 7 (1)(g), 7(1)(h), 7(1)8i) and 7(1)(k). Despite the fact that the USA is not a signatory State, the ICC has the jurisdiction to prosecute under Article 12 (2)(a) of the Rome Statute.
This Article stipulates that the Court may exercise its jurisdiction if one or more States in which the conduct in question occurred has accepted the jurisdiction of the Court. Furthermore, the forced disappearance of persons and torture in deemed by the Rome Statute as a Crime against Humanity, one which is still ongoing.
The Exercise of Jurisdiction may be activated under Article 13, with respect to a crime committed under Article 5 if the Prosecutor has initiated an investigation. Professor Boyle, in his issue of complaint, respectfully requested that such an investigation be initiated.
The issue of complaint states “about 100 human beings have been subjected to enforced disappearances and subsequent torture by the Accused”, adds that some of them could still be alive today, and that an investigation could save these lives. Regarding those whose enforced disappearances led to their deaths, the Complaint requests a process of explanation and clarification for what would be a murder investigation.
