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Jump To Comment: 3 2 1this excerpt from Amnesty website, suggests that kissenger may possibly be arrested in ireland...
Ireland : As described above in Chapter Four, Section II, Article 29 (8) of the Irish Constitution provides that ''[t]he State may exercise extraterritorial jurisdiction in accordance with the generally recognized principles of international law.'' This constitutional provision permits Irish courts to exercise universal jurisdiction over crimes against humanity, but apparently only to the extent that they were expressly authorized to do so by legislation. The only legislation which might reach conduct amounting to crimes against humanity in certain circumstances is the Criminal Justice (United Nations Convention against Torture) Act, 2000 (discussed in Part Four, Section I).
Ireland is a party to the Convention against Torture. It has signed the Rome Statute and is expected to ratify it after a referendum in 2001.
As the us isnt signed up to the international criminal court for fear of its top brass being hauled before a court next to milosoveic, international human rights law has developed the concept of universal jurisdiction in an attempt to ensure the punishment of those who perpetrate war crimes, genocide and crimes against humanity. The nurembeg and tokoyo trials following WW2 operated on the principles of 'Control Council 10' which allowed for every country to prosecute war criminals even if there was no direct link between the crime and that state. The international Criminal Court has codified this theory based on the experiences of the int tribunal for Yugoslavia and Rwanda.
However human rights groups continue to push for individual states to claim universal jurisdiction whether the crime and participants is linked to that state or not. this idea troubles many politicians who dont want to acknowledge the crimes of our business partners let alone to imprison them. However yesterday in the oireachtas a politcian (i dont know who) demanded that ireland should employ this jurisdiction to arrest kissenger when he arrives in cork.
Belgium has universal jurisdiction and is currently hearing a case concerning the massacre of palestinians in souther lebanon against the prime minister of Israel , Ariel Sharon. Canada and other countries also have this jurisdiction.
kissinger has to ask his legal team before he visits a country for fear he will be arrested. under customary international law he can be arrested as soon as he enters ireland and put on trial fur crimes against humanity.
unlikely as this prospect is,the attitude of our government being what it is,it is possible and legal
for more on this check www.redress.org/unijeur.html
www.amnesty.org keyword universal jurisdiction
www.globalpolicy.org/intljustice/general/2001/07kiss.htm (by Henry Kissenger)
saving that throw stuff at him...
if he's flying into dublin that would be brilliant... we could head him off at the airport and then protest in cork too.... can anyone find this out?