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Old 01-19-2023, 05:47 AM
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Question Germany calls for war crimes tribunal to prosecute Russia actions in Ukraine

Germany calls for war crimes tribunal to prosecute Russia actions in Ukraine
By: Akanksh Naik | National Law University, Delhi, IN - 01-17-2023 ~ 1149 AM

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German Foreign Minister Annalena Baerbock Monday called for an international tribunal to prosecute Russian officials for war crimes and the crime of aggression in the ongoing Russo-Ukrainian war. Baerbock delivered the remarks in a speech titled “Strengthening International Law in times of crisis” at the Hague Academy of International Law.

Making her case for the tribunal, Baerbock said loopholes in international criminal law allowed Russia to escape the jurisdiction of the International Criminal Court (ICC). Baerbock was referring to the Amendments to the Rome Statute of the International Criminal Court, known as the “Kampala Amendments.” The Amendments brought the crime of aggression in a conflict under the ICC’s jurisdiction, along with the crimes of genocide, crimes against humanity, and war crimes. However, the Amendments also limited the ICC’s power to hear these cases:

First, the ICC cannot investigate a crime involving aggression in war on its own accord. The UN Security Council would have to refer such a case to the ICC. This provision would make it practically impossible to prosecute Russia. Since Russia is a permanent member of the Security Council, it can veto an ICC referral.

Second, the ICC cannot exercise its jurisdiction in crimes of aggression unless both parties are signatories of the Rome Statute. Article 15(5) of the Statute states:

In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory.

Since both Moscow and Kyiv are not parties to the Rome Statute, the ICC cannot exercise its jurisdiction in their conflict.

Baerbock suggested a compromise to prosecute Russian officials: a special tribunal that would follow Ukrainian criminal laws with an “international component.” Baerbock proposed an international location for the tribunal, financial support from different countries, and for the tribunal to consist of international prosecutors and judges.

As an alternative, Baerbock also proposed amending the Rome Statute to allow the ICC to investigate crimes of aggression where either state is a party. The ICC has this jurisdiction over genocide, crimes against humanity, and war crimes.

The speech additionally called for Russia to be held accountable for “killing” Article 2(4) of the UN Charter, which calls on members to respect the “sovereignty, territorial integrity and political independence ” of other states.
Followed by: This Day @ Law - Date: 01-19-70

Nixon nominated Harrold Carswell to the US Supreme Court

On January 19, 1970, President Richard Nixon nominated Judge G. Harrold Carswell of the US Fifth Circuit Court of Appeals to the US Supreme Court. The nomination became intensely controversial after a reporter discovered the text of a 1948 political campaign speech by Carswell in which he said "segregation of the races is proper." The Senate eventually rejected the nomination 51-45.

In November 2004, a JURIST reader wrote with regard to this entry:

You are factually correct. The speech is accurately quoted. But the most significant part of it wasn't that quote -- which, after all, reflected the law of the land through Brown v. Board of Education.

The most significant part was Carswell's avowal of his "firm, vigorous belief in the principles of white supremacy." I recall this because I was the reporter who discovered the speech, in the basement of the Wilkinson County courthouse in Georgia, where it was preserved as lead story in The Irwinton Bulletin, a weekly Carswell edited, which was kept because it was the legal paper of record."

Edward RoederRoeder later added: "just to ensure the accuracy of my quote from the speech -- including capitalization and punctuation -- let me check it. At the moment, I'm at the Library of Congress, a couple of blocks from my home where I have a photograph I took of the speech as printed in 1948 in the weekly newspaper.

Another great quote spawned by that confirmation battle was by Sen. Judiciary Committee Ranking Republican Roman Hruska, in response to the charge that Carswell was "mediocre." Hruska famously told the cameras staked outside the hearing room:

"Even if he was mediocre, there are a lot of mediocre judges and people and lawyers . . . They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises and Cardozos and Frankfurters and stuff like that there."...

One other aspect of that nomination might be worth noting. After Carswell's defeat, the seat went to Harry Blackmun. A year and a half later, he wrote Roe v. Wade," probably the most controversial and far-reaching SCOTUS decision since Brown."And finally:I found and reviewed my photo of Carswell's 1948 speech. First, it may be helpful to provide a bit of context for the part you quoted. The graf read, "I Am A Southerner By Ancestry, Birth, Training, Inclination, Belief And Practice. I Believe That Segregation Of The Races is Proper And The ONLY Practical And Correct Way Of Life In Our States."

The first letter of each word is capitalized, the the word ONLY is in all caps.

The "white supremacy" quote, two grafs later, is as strident: "I Yield To NO MAN, As A Fellow Candidate, Or As A Fellow Citizen, In The Firm Vigirous Belief In The Principles Of White Supremacy, And I Shall Always Be So Governed." Again, the first letter of each word is capitalized, and NO MAN is in all caps. "Vigorous" is misspelled in the newspaper.JURIST thanks Mr. Roeder for sharing his recollections - and his role in a fascinating snippet of Supreme Court history.


Also; Tribunal established for Japan war criminals

On January 19, 1946, General Douglas MacArthur promulgated the Charter for the International Military Tribunal for the Far East, creating a court in Tokyo to try Japanese war criminals after World War II. Pursuant to Article 7 of the Charter, the Court's Rules of Procedure were set three months later. The judges and prosecutors represented the allied nations of the United States, U.S.S.R., China, Holland, Canada, France, New Zealand, Australia, the United Kingdom, the Philippines, and India.

Article 6 of the Charter divided the accused War Criminals into three classes. Class A war criminals were those guilty of crimes against peace. Class B war criminals were those found guilty of actual war crimes. The highest level war criminals fell into Class C for crimes against humanity. Court prosecutors indicted over 5,700 people in Japan for Class B and C War Crimes. When the tribunal's final judgment was issued two years later on November 1, 1948, 984 of the defendants were convicted and sentenced to death. 475 of them were convicted and sentenced to life in prison, while 2,944 received lesser prison terms. Finally, 1,297 Japanese defendants were either acquitted, not tried, or not sentenced.

Many of Japanese defendants were indicted for their actions during the occupation of China. Read the indictment of Class A war criminals involved in the Rape of Nanking.
Personal Note: Could Russia fall into this catagory of operations and would NATO follow
through on these issues as they did above? Interesting - but its cause and effect
could further waring to a degree of a nuclear echange (and then what?) usage - of such
weapons today - would be even far more devastating.
The games afoot Watson and the ramifications of these ongoing autrocities should
be considered once more - and moreso if civilians [or; non-coms] are involved!
Your thoughts on these rules (and if they still apply today?) - should be considered
and what since 01-18-70 has NATO done to update such language into its contracts?
[If any?].

O Almighty Lord God, who neither slumberest nor sleepest; Protect and assist, we beseech thee, all those who at home or abroad, by land, by sea, or in the air, are serving this country, that they, being armed with thy defence, may be preserved evermore in all perils; and being filled with wisdom and girded with strength, may do their duty to thy honour and glory; through Jesus Christ our Lord. Amen.

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