Specifically in this case, allegations are being brought against a former Somali prime minister for war crimes, including torture of his victims.
My question is this, how is this former prime minister supposed to respond? Place himself at the mercy of American courts that are standing in, presumably, for the broader international community in global condemnation? What motive would he have for cooperating? Conversely, what right does the United States assume in bringing charges against former foreign leaders? What authority that Somali recognizes gives the United States this right?
There is none, and no sane nation-state would ascribe its sovereignty to an institution that could imprison (or worse) its leaders. Torture or not, this kind of system of international law breaks down swiftly.
Peter, when I read this blog I asked myself the same questions. Specifically, why should the United States have the right to bring charges against foreign leaders if the Foreign Sovereign Immunities Act. Would it then be right for other countries to act in the same manner if it were a US Citizen? While it is clear that the US is the current world power, I think it is unfair to give one country such authority. I believe that issues like these should instead only be resolved in the International Court of Justice.
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