Libya elicits the current state of affairs in global geopolitical trends. It can´t be described as anarchy because it is too well organized. The NGO that should safeguard humanity against the purges of wars of aggression and conquest is instrumentalized by warmongers and aggressors. The ICC serves as show trial court for imperial ambitions while neither the less powerful states and their governments, nor the individual citizens who are at the receiving end of the plain good old murder and ma ham in the new disguise of humanitarian initiative, freedom and democracy are without legal remedy of any kind. That is, unless they have another big brother to sponsor them. Anarchy would be far more civilized.
Saif Islam al-Ghadafi.
While it is reported that Saif Islam al-Ghadafi was released from court in Zintan, cleared for all charges, the fact remains that the world has very little confirmation. As long as he is not able to speak for himself his life must be considered in danger. Whom would one want to trust ? The International Red Cross whom nsnbc busted by providing video evidence for the fact that Red Cross trucks were used to transport RPG´s and ammunitions to the front line in Sirte ? A video that showed one of the white, wooden Red Cross crates fall and break open, displaying the instruments of murder ? Or should one trust the Zintan brigades who not so long ago would rather have seen Saif dead than alive, and who now are claiming to “protect” him from Belhadj ? Or should one trust the corporate media who sold the worlds dazed public a dream of freedom while covering for the greatest war crime of the 21st century ? As long as we can not see Saif Islam al-Ghadafi speak on his own behalf while free and at a location of his choice, or as long we can not see a freely chosen legal counsel representing him and speaking on his behalf, he should be considered a prisoner of war, a hostage that has been paraded around as a trophy, and the worlds legal systems are utterly inept to deal with his case.
The ICC very much would like to get a hold on Saif Islam al-Ghadafi, while the case for an investigation into the purported murder of Muammar Ghadafi is stalled. One should make one simple comparison, ask one simple question, to understand the problems with the ICC.
Is the ICC an institution of the United Nations ? Was the United Nations by virtue of UNSC Resolution 1973 instrumental in facilitating NATO´s aggression against Libya ? Then ask yourself the following question.
If you were to go to family court because you had been charged for paying alimony for a child whose DNA does not match yours, and the judge and prosecutor both repeatedly had raped the mother of the child in question, would you ask for having the judge and prosecutor impeached ? Or would you submit to the court and pay alimony for the child of rapists ?
The Rome Treaty.
The establishment of the Rome Treaty, granting nation states international jurisdiction in cases of the most serious crimes known to mankind must be considered as progress. Insufficient progress. One should argue for many more nations to implement international jurisdiction, but. If there are no safeguards that guaranty that the state, the prosecutor and judge are impartial and have no involvement in the case what so ever, the Rome Treaty is prone to the same abuse as that of the ICC and the family court mentioned above.
Further more, as long as there are no binding bilateral and multilateral security assurances that safeguard small nations from political, economical as well as covert and overt military aggression, should a purported war criminal from a powerful nation like the USA be charged, arrested or tried and imprisoned, what small nation would dare to make use of the Rome Treaty and international jurisdiction. What is needed is a dramatic increase in the number of nations who implement international jurisdiction, and bilateral as well as multilateral solidarity assurances in case of repercussions that are to be expected from a nation that is used to be the undisputed bully on the block.
The people in the streets.
The most tragic factor of it all is that the ordinary citizen, the politically innocent who makes up over 90 % of the victims of modern warfare have no legal remedy, not any, unless a government of a member state of the United Nations will sponsor them.
The world needs legal remedy for the family that lost their home and income, the children who lost their mother and father, the newly wed man or woman who had a life full of hopes and dreams, together, and whose future was blown to atoms by one of those precision guided smart bombs, by fuel air explosions and cluster bombs in Bani Walid and where ever the Empire strikes out. The survivors of countless ethnic cleansings and genocides throughout the world, as that in Tawergha. They have no legal remedy unless some nation finds it opportune to abuse their suffering for their own political agenda by sponsoring a war crimes tribunal. Or until they find a small nation that dares to be next on the political, economic, and military hit list of the powerful. This must not stand.
Justice for all, independent on state sponsorship.
We are no longer hurling stones and sticks at one another, and neither are we bound by mechanized mass murder. Humanity has reached a point where a few madmen are able to incinerate humanity and all habitats of other creatures, the flora and the fauna in them. It can not stand and we can not let it stand, that our international legal systems do not follow suit in this awesome development so that we once and for all criminalize the state sanctioned, premeditated mass murder that we call war. It has become too dangerous to be continued. Many social scientists argue that aggression and warfare is part of human etiology, that we inherited it from the chimps. This may be so, but chimps don´t have access to the red button that triggers a nuclear war, all though, but let that be a explained by the cartoonists. Most importantly, chimps still live in the bush, we don´t. Chimps don´t develop medicines like antibiotics. Evolution is not determinism but change. We can either change our aggressive behavior because it has become to dangerous, or perish.
The world needs a legal system with as many nations as possible implementing international jurisdiction for the most serious crimes known to mankind. Trials can no longer take place in nations, with prosecutors and judges who are a party to the conflict. Most prominently and urgently, the demand that a state sponsors a trial for war crimes must be abandoned. If your loved one was murdered by the powerful, if your children were atomized by the powerful, if your existence, your hopes and dreams and your future were destroyed by the powerful, you must be able to demand justice, to attain justice, without begging another bully that he please may help you because it may be of political advantage to himself. This is pornography and not justice, and we can not let it stand.
Dr. Christof Lehmann