Hillary's Lawyer
By Thomas P. Kilgannon
April 14, 2009
Page 2 of 2
Last year Koh argued that the new Secretary of State -- the person he might soon be advising -- "should withdraw the Bush Administration's May 2002 letter to the United Nations" which removed Bill Clinton's signature from the ICC treaty. Each of these steps, Koh argues, "pave the way for eventual U.S. ratification of the Rome Treaty" for the International Criminal Court.
As the Court was created to hear cases involving war crimes, crimes against humanity, and genocide, Americans who are most vulnerable to the ICC's political whims and show trials are high ranking government officials and our Soldiers, Sailors, Airmen, and Marines. Were legitimate charges ever to surface against U.S. troops, ICC adherents would find the Uniform Code of Military Justice lacking. They believe America's system of jurisprudence is unable to properly dispose of such cases. They would find it helpful to appeal Supreme Court decisions with which they disagree to a "higher authority."
Don't think it won't happen. Recently, the hostility of international ambulance chasers resulted in a Spanish court entertaining a complaint against six Bush administration officials for the advice they provided the President on matters related to Guantanamo Bay detainees. The Spanish court claims "universal jurisdiction," meaning its authority knows no bounds. The ICC operates in a similar capacity. Recently, the ICC issued, and is considering, indictments on individuals of nations which are not a party to the Court.
This is the international law to which Professor Koh subscribes -- an adherence to multiple and changing standards in an effort to criminalize conservatism. Koh's views are ruinous to American sovereignty and a danger to U.S. servicemembers. His nomination as State Department Legal Advisor must be defeated before he can put his words into action.
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Thomas P. Kilgannon is the President of Freedom Alliance and the author of Diplomatic Divorce: Why America Should End Its Love Affair With the United Nations.
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Note -- The opinions expressed in this column are those of the author and do not necessarily reflect the opinions, views, and/or philosophy of GOPUSA. >> Back -- Page 1 2

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