対米全面テロ

以下は、法の支配および国際協調が、今後のテロ撲滅努力においてどのように有効に働くかについての各国主要紙の見解です。一度に訳すと長いので、各紙ごとに翻訳していきます。

ICC-INFOニュースグループ、ICC事務局のニュースレターより

From: Tunga Ganbold <cicc4@i...>
Date: Fri Oct 12, 2001 3:45 pm
Subject: Terrorism and Justice: Internationa Court's Role

Dear Friends,

The following describe how the rule of law and international cooperation
can help fight terrorism. Enclosed are three articles:

1) HEADLINE: Terrorism and justice: An international tribunal comprising
US and Islamic judiciary should be set up to try terrorists, argues
Anne-Marie Slaughter, Financial Times (London), October 12, 2001
Slaughter here states: "A better alternative is some kind of
international tribunal to work in conjunction with national courts around
the world. The proposed International Criminal Court is one option, but it
is not yet in existence... A court along these lines would be more
legitimate than a US national court... [A]n international tribunal for
terrorism would work together with national courts around the world, much
as the proposed International Criminal Court is supposed to do."

2) HEADLINE: Try bin Laden - but where?, Chicago Daily Law Bulletin, by
Douglass W. Cassel Jr., October 11, 2001
The authors here question of an appropriate judicial body to try
"alleged" Osama Bin Laden and argue for the legitimacy of the international
court. In view of Geoffrey Robertson, a leading British human rights
lawyer, "The answer...is that 'if bin Laden is to be fairly tried, it must
be by an international court, with distinguished jurists (including Muslim
judges) giving a logically reasoned decision." Justice Richard Goldstone, a
former ad hoc tribunal for former Yugoslavia/ICTY/ chief prosecutor, that
means "sending bin Laden to the International Criminal Court, whose statute
has now been ratified by more than 40 nations (most recently Britain), and
which will probably secure the 60 ratifications it needs in time to open
for business by next year...But along with genocide and war crimes, the ICC
can try crimes against humanity. Prof. Douglass Cassel concludes: "In
short, even before the ICC gets off the ground, we already find that we
need it. Just as we have already rethought other policies in the wake of
Sept. 11, the time has come for Washington to rethink its opposition to the
ICC."

3) HEADLINE: Justice, not military force, must rule, The Guardian (London),
By Simon Burall, Mick Rix,
October 12, 2001
Recalling the recent UK's ratification of the ICC Statute, Burall
states: "This good news vindicates the government's policy of meaningful
engagement with the global community. But the ICC will not be able to try
Bin Laden, or anyone else accused of terrorist crimes, be cause crimes
committed before 60 ratifications cannot be brought before it. The
government's ratification does indicate a way out of the current
destabilising mess, though. The UK must work with the international
community to establish an ad hoc tribunal to try those accused in
accordance with international legal norms. Any other outcome will be
counter-productive. The ratification of the ICC provides hope for a world
where international law brings justice to the victims of violence. The
government must now use its position to lead America to support the ICC.
Only in this way can we ensure that world law, not world war, rules
supreme."