America's mess, not Bush's
By James Carroll | May 31, 2005
MUCH AS Democrats and liberals hate to admit it, the Bush disaster did not begin with him. That he swatted aside the structures of international law as a mode of responding to Osama bin Laden was prepared for by Washington's habit, begun in the Reagan years, of dismissing international courts, ignoring treaties, and refusing to meet obligations to the United Nations and other transnational bodies.
The International Criminal Court, just coming into existence as America's war on terrorism was mobilized, fulfilled the impulse to replace revenge with adjudication. Completing the Nuremberg legacy, this new court would have been the perfect arena in which to make world historic cases against Al Qaeda, Bin Laden, and Saddam Hussein, but George W. Bush, in one of his first acts as president, had ''unsigned" the ICC treaty.
This momentous act of political destruction had been prepared for, though, by Bill Clinton, who, despite signing the treaty, had never argued for it. Both presidents were protective of the US military because the Pentagon regarded itself as a ready target of ICC prosecution, a fear that seemed paranoid until revelations both that American soldiers routinely abused prisoners in Iraq and high Pentagon officials unilaterally rejected norms set by the Geneva Convention. Abu Ghraib and Guantanamo were epiphanies of a new Pentagon lawlessness, but it was rooted in several decades' worth of dismissal of international law.
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