(Re-published from The Jurist | July 21, 2017) With the raspy barking of a US President in the background trying to “Make America Great Again,” the world shrinks away in surprise and confusion. As the light begins to wane on that bright and shining experiment on the hill called “America”, the international community faces the yawning maw of a retrenching America, once again looking inward, shrinking away from a leadership position it has held since World War II. Unprepared for any of this, the West is losing its way uncertain and weakened. They look for any indication of someone to lead.
It will not be America. From the environment to trade, the US has chosen to step away from not only legal but also moral obligations. This past week another indication of further retrenchment was manifest when US Secretary of State Rex Tillerson announced that he was closing the Office of Global Criminal Justice (OGCJ), the office where the US asserts leadership and support for international justice and holding accountable those who feed upon their own citizens. Like much else this new US administration has done, this is wrong!
The United States has been the cornerstone for the creation of modern international criminal law. It played the leading role at the International Criminal Tribunal at Nuremberg in 1945, the subsequent Council 10 trials, up to and including the establishment of the tribunals and courts for Yugoslavia, Rwanda, Sierra Leone, and Cambodia, as well as the International Criminal Court. BUT FOR the support of the United States, most of these justice mechanisms would not have come into existence or would have had existential and overwhelming challenges at the beginning. The United States has always been at the forefront in creating justice mechanisms.
Past administrations have had policy differences with the world community on the administration of international justice, but, at the end of the day, they did not waiver in the perception that the rule of law is important for a more stable world. This administration, a newly forming kleptocracy, is facing the rule of law with almost a blatant disregard, certainly a jaw-dropping disrespect not seen in the history of the republic. Ruefully, commentators have said that in Washington “nothing matters” …
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