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Date:  Wed, 26 May 1999 12:09:29 +0900
From: ernie yacub
To: Multiple recipients of NETSOURCE-L <netsource-l@mail.think.service>
Subject:  [NS] US cannot be tried for war crimes (fwd)


This is one of the most fascinating legal arguments I've ever read. The US
can not be found guilty at the International Court for war crimes, because
it has exemption from being tried, or found guilty, unless they agree to it.
On the other hand, they have the right to sue and punish any other country,
as they deem fit.

Cheers, Ed

>Extract from International Court of Justice proceedings on Yugoslav
>complaint against individual NATO nations:
>The complete proceedings  are at
>Mr. ANDREWS: Thank you, Mr. President. Mr. President, Members of the
>Court, as others have noted this afternoon, the Applicant's second
>presentation this morning did not remedy any of the fundamental weaknesses
>of its cases. Accordingly, my rebuttal will be brief. I will address three
>main points.
>First, as we have shown, the Court does not have jurisdiction over the
>Applicant's claims against the United States and therefore cannot indicate
>any provisional measures against the United States.
>The United States entered a clear reservation to
>Article IX of the Genocide Convention. That reservation
>requires specific consent before any case can be brought
>against the United States under the Convention.
>The United States does not consent to this case.
>The Applicant has totally ignored the United States reservation. The
>Application itself is silent on the issue. Counsel for the Applicant
>ignored the United States reservation yesterday and again today, even
>after Mr. Crook explained the reservation yesterday and showed that the
>Court has no jurisdiction because of it. It appears from this silence that
>the Applicant recognizes, as it must, that the Court does not have
>jurisdiction, prima facie or otherwise, to consider the Applicant's claims
>against the United States. There is no dispute between the Parties on the

-- end forwarded excerpts --

Additional information:

The quoted passage is in the last document on the list on the web page
mentioned above. The link is marked as follows:

"CR/99/35 - Public sitting held on Wednesday 12 May 1999, at the
Peace Palace, Vice-President Weeramantry, Acting President, presiding in
the case concerning Legality of Use of Force (Yugoslavia v. United
States of America)"