A gradual erosion of US sovereignty 509

The Obama administration is taking steps that will most likely lead to the US joining the International Criminal Court. It is also ‘developing its relationships’ with a variety of international organizations, some of them economic unions, and some of them positively sinister, such as the Organization of the Islamic Conference – the body chiefly responsible for launching and promoting the Islamization of Europe – and the International Development Law Organization (IDLO) which has a far-left international redistributionist agenda (see here, and here for information on its co-operating Skoll Foundation).

From ThreatsWatch.Org, by Steve Schippert:

Last Thursday, December 17, 2009, The White House released an Executive Order “Amending Executive Order 12425.” It grants INTERPOL (International Criminal Police Organization) a new level of full diplomatic immunity afforded to foreign embassies and select other “International Organizations” as set forth in the United States International Organizations Immunities Act of 1945.

By removing language from President Reagan’s 1983 Executive Order 12425, this international law enforcement body now operates on American soil beyond the reach of our own top law enforcement arm, the FBI, and is immune from Freedom Of Information Act (FOIA) requests. …

Section 2c of the United States International Organizations Immunities Act is the crucial piece:

Property and assets of international organizations, wherever located and by whomsoever held, shall be immune from search, unless such immunity be expressly waived, and from confiscation. The archives of international organizations shall be inviolable.

Inviolable archives means INTERPOL records are beyond US citizens’ Freedom of Information Act requests and from American legal or investigative discovery.

Property and assets being immune from search and confiscation means precisely that. Wherever they may be in the United States. This could conceivably include human assets – Americans arrested on our soil by INTERPOL officers.

The importance of this last crucial point cannot be understated, because this immunity and protection – and elevation above the US Constitution – afforded INTERPOL is likely a precursor to the White House subjecting the United States under the jurisdiction of the International Criminal Court (ICC). INTERPOL provides a significant enforcement function for the ICC, just as our FBI provides a significant function for our Department of Justice.

We direct the American public to paragraph 28 of the ICC’s Proposed Programme Budget for 2010 …

Additionally, the Court will continue to seek the cooperation of States not party to the Rome Statute and to develop its relationships with regional organizations such as the Organization of American States (OAS), the Arab League (AL), the African Union (AU), the Organization of the Islamic Conference (OIC), ASEAN [Association of Southeast Asian Nations] and CARICOM [Caribbean Community]. We will also continue to engage with subregional and thematic organizations, such as SADC [Southern African Development Community] and ECOWAS [Economic Community of West African States], and the Commonwealth Secretariat and the OIF. This will be done through high level visits, briefings and, as appropriate, relationship agreements. Work will also be carried out with sectoral organizations such as IDLO [International Development Law Organization] and INTERPOL, to increase efficiency.

The United States is not a party to the Rome Statute – the UN treaty that established the International Criminal Court…

President George W. Bush rejected subjecting the United States to the jurisdiction of the ICC and removed the United States as a signatory. President Bill Clinton had previously signed the Rome Statute during his presidency. Two critical matters are at play. One is an overall matter of sovereignty and the concept of the primacy of American law above those of the rest of the world. But more recently a more over-riding concern principally has been the potential – if not likely – specter of subjecting our Armed Forces to a hostile international body seeking war crimes prosecutions

President Bush in fact went so far as to gain agreement from nations that they would expressly not detain or hand over to the ICC members of the United States armed forces. The fear of a symbolic ICC circus trial as a form of international political protest to American military actions in Iraq and elsewhere was real and palpable.

President Obama’s words have been carefully chosen when directly regarding the ICC. While President Bush outright rejected subjugating American armed forces to any international court as a matter of policy, President Obama said in his 2008 presidential campaign that it is merely “premature to commit” to signing America on.

However, in a Foreign Policy in Focus round-table in 2008, the host group cited his former foreign policy advisor, Samantha Power. She essentially laid down what can be viewed as now-President Obama’s roadmap to America rejoining the ICC. His principal objections are not explained as those of sovereignty, but rather of image and perception.

[She] said in an early March (2008) interview with The Irish Times that many things need to happen before Obama could think about signing the Rome Treaty.

“Until we’ve closed Guantánamo, gotten out of Iraq responsibly, renounced torture and rendition, shown a different face for America, American membership of the ICC is going to make countries around the world think the ICC is a tool of American hegemony.”

The detention center at Guantánamo Bay is nearing its closure and an alternate continental American site for terrorist detention has been selected in Illinois. The time line for Iraq withdrawal has been set. And President Obama has given an abundance of international speeches intended to “show a different face for America.” …

When the paths on the road map converge – Iraq withdrawal, Guantánamo closure, perceived American image improved internationally, and an empowered INTERPOL in the United States – it is probable that President Barack Obama will once again make America a signatory to the International Criminal Court. It will be a move that surrenders American sovereignty to an international body whose INTERPOL enforcement arm has already been elevated above the Constitution and American domestic law enforcement.

For an added and disturbing wrinkle, INTERPOL’s central operations office in the United States is within our own Justice Department offices. They are American law enforcement officers working under the aegis of INTERPOL within our own Justice Department. That they now operate with full diplomatic immunity and with “inviolable archives” from within our own buildings should send red flags soaring into the clouds.

[An] explanation is due the American public from the President of the United States detailing why an international law enforcement arm assisting a court we are not a signatory to has been elevated above our Constitution upon our soil.