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Breaking: Intl. Criminal Court Targets Taliban, Sidelines U.S. Investigation

Jay Sekulow LIVE! / Jay Sekulow
The Truth Network Radio
September 27, 2021 1:00 pm

Breaking: Intl. Criminal Court Targets Taliban, Sidelines U.S. Investigation

Jay Sekulow LIVE! / Jay Sekulow

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September 27, 2021 1:00 pm

In breaking news, the International Criminal Court (ICC) just announced that they will shelve the investigation of the U.S. and conduct an investigation of the Taliban. This is what we argued for before the ICC. But do these latest actions confirm the fear that the ICC has regressed to political theater and become merely a political court? Jay, Logan, and the rest of the Sekulow team discuss this and more today on Sekulow .

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Jay Sekulow the international criminal court goes after the Taliban and sidelines the investigation of the United States. The ACLJ was involved in human form and now this is what I hear from you, Sharon poster, call one 800-6843 11 broadcast. We got some interesting breaking news and this is something that ACLJ is intimately familiar with because our team back to Andy and I and drug that we have a monster with Jordan for that success. Everybody that the lawyer from the ACLJ we have hard David Benjamin for office in Jerusalem at the international criminal Court in the Hague of December 2020 the issue.

There was this whole matter of investigation of the United States actions in Afghanistan. Well, of course, subsequent events have taken over and that subsequent event is been now the Taliban is in charge for the ICC prosecutor today announced that they were in fact going to shell put on the side. The US investigation which we argue the entire time not been taken place and they are going to look at the Taliban. Now here's the here's the reality they can spend the resources to do it but tell Amanda not to let them in the country to investigate, so they're not going to get witnesses to what they're going to do is the making. The international criminal court again which we been complaining about a political court. It's supposed to be a court of justice, but it turns into a political court and in week we argued that by the way, when we were at the ICC to play a clip from that in the moment to go at any does become a political court and in fact it is a political court because what they're doing is playing politics with the United States playing politics with other nations trying to insert themselves into areas where they do not have jurisdiction to insert themselves and you made a very good argument and a compelling argument regarding various issues before that court when I was present with you at the Hague. In December we did did the argument our first we do that we we were turned down by the part in the prosecutor was allowed to proceed, but we now have a new prosecutor, Kareem Kohn, who is in Afghanistan who is from Pakistan. English trainees therefore nine years and he is as you said, focusing his attention away as in the United States.

Yes, so this was it, but that's what you do make the argument you look we often talk about this and make the argument you may or may not win, but you know what, 12 months later, 14 months later you glad you made the argument because ultimately you want yeah it's hard suggest putting time into perspective for a lot of people that you these things that move fast when it comes to the law when it comes to politics and international relations. A lot of times you want instant results and simply just doesn't happen that way. Unfortunately, you did with modern technology and things like that that we've been able to expedite a lot of these processes but fourthly summit still. I stuck a little bit in its ways, but I like to think that you do this and you prep the future we will will see this in the next segment giving you this is old school litigation every Mrs. Harry this is a return you would like this. This was return to the colonial times. You wore a robe with the with a handkerchief was like really, I was all where was away like a pirate puffs and I would say J you never look at her. Yeah exactly flattering shot for St. Mary Star Wars or like post-apocalyptic aliquot with the roads court looks that while you are called as I could like it was called the like: like visually cold which is since it like an Apple store, but I have employees I have to say it was an honor to be there and present the arguments on behalf of my country. Although the on stage is not a member. We did disease yet. David is arguing for the United States eight weeks before I did the impeachment that was a busy bet you'll see prior clips.

I'm sure will show the museum for a given that this immunizes shows me what your friends and were to be right that will take your calls on all this meant a lot to talk about the a lot of his nebulous call 1-800-684-3110. That's 100-684-3110 working ACLJ all current logs news and events on ACLJ.Ward like here subscribe to all those things, I will be back with a lot more come up in the next segment again ACLJ.org is great place to not only support the work of ACLJ to see all the new content each and every day. Describe the YouTube channel to watch on YouTube. Thumbs up if you want on Facebook or watch on Twitter share this retreated to grab evermore on sexual challenges facing Americans or substantial time and are now free to insert constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades. ACLJ on the front lines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success.

Here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side. You are already a member. Thank you, are not well this is the perfect time to stand with us ACLJ God will where you can learn more about our life changing become a member today ACLJ only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally pro-life and publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the end what Obama care means to the pro-life discover the many ways your membership in the ACLJ is empowering the right to question your free copy of mission life today online ACLJ/is now the situation with which is a good development.

Although I'm thinking through the whole process not realize this is preposterous. We argued in December 2020 that the United States was not subject to the jurisdiction of the international Hague. This was involving issues in Afghanistan and then prosecutor wanted to commence an investigation. We fought the jurisdictional issue saying that the United States has its own system.

We could do it ourselves. We need this help of the ICC to have the prosecutor looking in on us. That's number one number two we said there other things to focus on in Afghanistan to look at abuses and of course now you got the towel band is a government took three things can happen here. Number one, the Taliban and not the ICC probably pull out of the international criminal court may divest them jurisdiction number two what we argued was that the United States had its own system and that this was a waste of resources for the international criminal court. Now, the court rejected that argument, but as Andy just said a new prosecutor came in and change that. That's right, we are since we have argued the case, the prosecutor five to been sued finished her term and today the new prosecutor filed an application seeking authorization to resume the investigation in Afghanistan. In light of recent events and the turnover of power. He also announced he will be focusing on crimes committed by the telegram penpal event and the Islamic state chorus on province and de-prioritized United States was what we argued, which asserted in the case.

But what's interesting Wes. Col. Smith is the fact that the Taliban are not going to participate with the ICC because there are violations of international law are legendary. Yeah, absolutely. They do not want the ICC to investigate and enforce the previous Afghan government you wanted to be a part of the ICC Telemann deftly does not. And of course you look back at the history of the international criminal court. It was designed for countries that don't have a judicial system that will investigate right and prosecute their own people and that's why so many other countries including states are not not not see Newark's have not signed that treaty about the ICC and that's when United States Aaron cited Harry to get you from a policy standpoint was.

I argue this was such a waste of resources of the international criminal court and you know course new prosecutor new change which is good, but the Taliban's backer to participate in this. I think you're precisely correct action on one hand, the ICC, at least in its former iteration claimed that it had jurisdiction to investigate the United States.

Despite the fact that the United States has an effect of jurists, judiciary, and it has an effective prosecutorial are to look at alleged crimes. United States is a nonparty now.

At least the new prosecutor Mr. Khan wishes to institute an investigation of the Taliban. Why because there is simply no prospect of an infant effective investigation going forward. Within Afghanistan, but the problem is how do does the ICC get its investigators access to to the evidence on which it could then judge or determine whether or not there is a criminal offense. Is this mindnumbing to most people. I think a lot of people maybe don't understanding the process in the criminal courts are seriously rather serious but I think this is not enough attention brought to anybody but don't know we said we talked on the regulated site and we do titles and title the people understand if we just say ICC site will know is anything a lot of people know that this exists in a way that you get the visual of it. It's very bizarre and minutes today but it's real alcoholic intake and easily handful of people of ever really argued argued at all yet noticed it wasn't was it was an honor and privilege that the court allowed us to put this, but I want to say that I mean would disagree with their holding and ultimately I've obviously the new prosecutor we said you have the resources to do this and wasting them on the United States with medicament and say we see the moment we don't have the resources to do this summer to focus on the towel band until the Telemann pulls out of the ICC. Here's the thing that's so fascinating important about the spokes and that is we were defending the United States military are men and women who were doing everything they could to defend freedom and liberty so that is what we were doing there and that's why was important was it was an honor to represent. I kept thinking about those men and women that we were really defending United States Army discusses court as individual jurisdiction under over people not to states. I mean they they will pull in individual, so let the prison system are all they have a prison that have been I mean it's yes it's it's the whole process is a bit eerie when you go into it because if you go to see this in a moment. Folks of your watching on any of our social media platforms. I'm encouraged to share this with your friends because you can see something you don't normally say and that's good to be inside literally the ICC. It's in the courtrooms in the basement level I believe was just about the courtrooms in the basement level it's very futuristic result, probably 30 lawyers there on both sides of the case. I mean you're to sit so let's go inside the ICC right now the European Center for Law and just 10 minutes piece proceeds.

Thank you, Mr. Pres., your honors may please the chamber. I'm here today on behalf of the European Center for Law and Justice first question before this chamber is whether the pretrial chambers assessments under article 50 131C are jurisdictional for the purpose of article 82 18. The answer to that question is yes. The availability of a separate appeal procedure on preliminary issues such as jurisdiction and admissibility as distinct from appeals on convictions or acquittals is in argue crucial to the efficient functioning of this court, as well as the interest of justice as highlighted in this very case the prosecutor here was attempting to press ahead against nationals of a non-cooperative nonstate party ex parte, without any opportunity for that state's legitimate objections to jurisdiction, to be considered in the pretrial chamber reached the impugned decision on relevant matters under article 15 including the interest of justice without fully considering the critical information about jurisdiction and admissibility in the case of the United States, for example, these threshold objections would include first, the principle of customary international law. Second, the existence of specific treaties between the United States and Islamic Republic of Afghanistan, giving the United States exclusive jurisdiction over its personnel and finally the principle of complementarity because the United States is demonstrably both willing and able to investigate and prosecute it on its own cases. So that was a mean limits a very unique thing that's inside the ICC so and have been December 2019 20 interesting and you turn about looking it at how long these things take you and now you come full background, we get the decision to now there's a change not then you deal with the courses are represented the UN and this is ICC is a creature of the United Nations but in a week, argued very aggressively for this not to be a situation where the in its court will be wasting resources and going after the United States was preposterous, was totally political. Which of this prosecutor as a better understanding what I think the part of this to communicate to people in such a deep level days.

They know that our men and women in uniform must be protected from having to appear before international tribunals are just on that level to what Logan was talking about.

I think that communicates the importance of being there for Jake. This is why you show up and defend US service matters. Even if you don't agree with an interim ruling, Jake essentially what we have here is what we asked for and look to it may or may not have been that they ultimately agreed with the argument. I hope they do regret the argument that they shouldn't spend the resources on it to hear here's what I'm so glad they recognize J.

They know that if they go there and they try to prosecute US service members. It's going to take you resources and wising to take resources because working to show up to show up each and every time, and working to make them defend against those arguments so you know what they just say it's easier to leave it to the side, but you know remember the stand in this world, we gotta keep an eye this folks. It was I think was Pres. Obama and Bill Clinton that it was Pres. Obama that wanted to join the ICC remember that.

So we've got to keep an eye on the bind administration here that something your office. They need to be on top of no question about a Jan I would just tell you that started was sort of the low hanging fruit are starting to rejoin the human rights Council there trying to rejoin other institutions of the United Nations that aren't serving a process I J if they're successful in this.

The ICC will certainly be in that line when you know that's right and it's that's that's why we show up folks at these proceedings. That's why we have the ministry of presence we go there and do it because I didn't want 2019. Like Logan, what you said. Actually, a 2021.

We would be vindicated in our position that this was a crime but we now the change of administration. There was no way the previous ministration was in a join the ICC, this one scares me a little bit.

I finds me a great deal and it certainly does. Because of all this universal joining of hands and detente supposedly was your of the NATO which seems to have backfired. By the way, Pres. Biden, but the idea of internationalism and globalism and the failure to recognize the sovereignty of the United States as a sovereign power that can try its own cases, defend its own military prosecute its own military.

If we have committed crimes and do those kinds of things makes us a country that it will as the concept of what we call complementarity. In other words, you don't have to look at us to see that we have a judicial system that can prosecute wrongdoers stay out of our business United States doesn't need to be part of the ICC right will be back in just a moment.

More on secular reduced phone lines open. If you have any questions about the international criminal court proceedings that might like to hear from our or how this even works and how America plays in turbulent hear from you. 100-684-3110 is 100-684-3110 letter comments are coming in about it. Slot questions will take some of those as well. If you want your language to share this with your friends on Facebook click share here on YouTube thumbs-up and click the subscribe button always are you best get alerted every day with your shows every day for the program to do this every week day, Monday through Friday at 11 AM central. Only when a society can agree the most vulnerable.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defend the rights of life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn, called mission life will show you how you are personally publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the what Obama care means to the pro-life in many ways your membership in his empowering the right question for you, mission life today online ACLJ/challenges facing Americans for substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice ACLJ on the front lines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. Well, this is the perfect time to stand with us ACLJ God will where you can learn more about her life changing become a member today ACLJ. This is good about looking at states. We argued back in 2019 at the international criminal Court in the Hague that the court no jurisdiction over US soldiers. They were going to investigate US activities in Afghanistan. They hold individual folders councils is the case it was an honor for me to represent the interests of my country before the ICC.

It's a court that didn't get doesn't often get a lot of attention. It's a big institution.

When we got there it had a lot of attention. I will tell you that the media was all over it because the President's lawyer was that was what that hut was the President's lawyer was coming to do this I was doing this in my capacity as the ACLJ wasn't representing United States government. I was representing our interests at the ACLJ the European Center for Law and Justice in the position of the United States, but the meeting was there obviously to cover this to tell you something that is important here.

It sometimes you'll get the initial victory you want, but you're very glad you made the argument because ultimately what happened here was the court said no. The prosecutor could investigate. And then the prosecutor came out and said when they got a new prosecutor were not going to do that. That's exactly what happened. Prosecutor Ben Suda who was there and all you have to investigate.

The United States had an ax to grind against the United States and our military and wasn't replaced by present the prosecutor Condon's Pakistani English trained and who today said has announced that a little resume. The investigation of Afghanistan, but I'm going to do you prioritize between the mom put aside the investigation of the United States a number look at the human rights crimes and and fractions of the Caliban and advises get to play respond question-and-answer response. I want take inside the courtroom, but I will also go to Wes and to to Harrier West from a military standpoint, the idea that our men and women.

New York, your colleagues would be subject to this court raised a lot of concern for our military, not just concern alarms.

I'm absolutely in this thing. Our listeners need to remember you were there really defending the United States military and that they were intent on investigating and prosecuting the data ICC like the UN as a whole is very inept, very left-leaning and tends to be biased against the United States and against Israel, and so going forward in this is a victory for us today, but he is not saying they would never do it again. He saying they're not doing it for now because of resources in place they can get into Afghanistan to investigate but going forward we really need to continue to argue and you will probably have to do this again. That way, they do not have jurisdiction. In defendants, and secondly is the invention we need to watch the by demonstration because previous Democratic ministrations really want to sign the rental get out of this, which is really dangerous and I bought tell you that's why things gotta be on the line. We asked Harry.

It's interesting as a professor there was a lot of academics that also borders a participate in this and I don't I'm trying to think were there any on the side of the United States, and I think there was one. I think everybody else in there must've been 20 of them were on the other side. I think you're right and this idea of proceeds from deep seated anti-American hatred with in the elite academies not only in the United States, but throughout the world. So instead of embracing the United States Constitution. Instead of embracing principal they have embraced a globalist agenda which is grounded in openness and tolerance to all sorts of ideas, however transgressive they may be. And so I think at the end of the day I Wesley's absolutely correct.

We need to keep in on the Biden administration because it more likely than not, they will take advantage of virtually every opportunity to sellout the United States and to sellout American interest. If then I'm I'm I'm good to go to you after this by what you be thinking about this because the ICC I am worried about. We need to find out what the binder ministrations thoughts on this bulimic doing and take inside the court actually asked questions advice and I'll do you have any questions. I a lot of questions you were there representing United States in the sense of the position were taking on the bugs, then the President's lawyer and had a lot of attention. I think in any of her right was one professor that was also on our side and I can remember. I think from an international university and then we may be argued by our question answers to questions and I want you to listen to this closely because remember English is not the first language of these judges so she asked the question, either unintentionally or intentionally misspoke and I have to very carefully, politely and judiciously respond particulars from taking you back inside the international criminal court and Hague that the prohibition of tartare just coatings our way to and that the provisions of the Vienna convention entreaties has the highest hierarchy and its mandatory only countries and and that and least kind of norms cannot be. These are the date that said you think it is possible to reconcile these high hierarchy positioned not just call his mission of thought or with the so-called principle of operation of the states were saying first faults that the it's not a principle of noncooperation. It's principled noncooperation. In other words, that the United States through its many ministrations, through its policy statements through the issues that have been raised even recently have expressed consistently concern over jurisdiction of this court over nonmember states, the United States has a very comprehensive military justice system and a very comprehensive criminal justice system. In these cases that do arise from time to time, and it's interesting because the office of the prosecutor relied primarily on published documents from the state Senate oversight committee, House oversight committee that have reviewed when there's been issues. So what I'm I'm not saying that the United States or any other country is immune from something not going as planned or for something to take place.

That would be a violation of international law by not willing to concede that the only way to handle that would be for jurisdiction of this court for a nine party state. There you go, that was beat so that was a very complex question and then I had to deconstruct so to speak to the response to make sure it was answering the actual with the legal theory is nothing I want to go back to this because I want to put this on the radar screen for our audience for ACLJ members for people watching around the country. The United States is not a party to the Rome statute, but there have been previous Democratic ministrations that had wanted that to happen. How does that look now we know. And I'm very concerned that this is because as you said that Artie started with the human rights Council.

This would be an easy next move. You're correct to be concerned about it. You're correct to be concerned about a J because you got a look at the political dynamics both internationally and domestic internationally.

We know J.

The ICC is always looking for jurisdiction over the United States and the United States could certainly grant at least some of the edge and to jurisdiction by ratifying the Rome statute. Jake I think if you look back at the end of the Obama administration wasn't just the participation in apparatus like the human right Council, but Jake the, the, the drive towards consensus is our as our buddy Rick called it out by walking away from the veto power at the Security Council J what is that that's giving Jesse delegating authority to the United Nations, I think the bite administration is probably predisposing that same direction. I wouldn't be surprised offer this data for this issue to arise take this photo McKay with the show ship American Center for Law and Justice are European affiliates guess where we were in court and coming up next time in Afghanistan you can see, Jordan, before the United Nations on issue of because of your support of the ACLJ we can do all this broadcast computer five days a week in our Lord's dispatch around the world of policy people around the world, a government affairs teams around the world support the work of the ACLJ ACLJ.org back with more just a moment ACLJ's been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena.

The American Center for Law and Justice is on your side. If you're already a member. Thank you. If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about our life-changing work, member today ACLJ keeping you informed and now this is J secular everybody will impart to the broadcast. We are document. This is a good development. This breaking news for us it's not to make big news on the network, but it is per the United States is a good decision. I went to the with our team to the international criminal court and Hague in December 1990 nights, December 1990 December 2019 been doing this a long time, but not at the ICC that long. So in 2019. In December we went there and arguing are the US's position that the international important Hague had no the prosecutor had no basis upon which they had jurisdiction over the United States for the purposes of the criminal ICC investigation of American soldiers. That's what was at stake here. American soldier, so here's what's interesting the initial panel. The court said yes like the court could per the prosecutor to proceed new prosecutor comes in and guess what that prosecutor says the states is not a priority here will tell you that that at all. That's not a priority priority is the Taliban so any quick. That was it. That was the right moving but the Taliban are not allowed investigation is only meaningless but least, the focus is right. The rise of new prosecutor con made the right decision ultimately reversing what Ben Sue that his predecessor had decided so we didn't win the first match but we want ultimately with a new prosecutor who takes a new and I think correct perspective and that is that the United States military okay on the United States of America not signatories to the Rome statute. That is where now that's the statute that created for those of you don't know that's the statute that created the international criminal court that the United States has the capability within its own judicial system to do prosecute wrongdoers of human rights and doesn't need to be subordinate to any international tribunal. So the fact that we go to these international tribunal, some of which are hostile is the reason why were effective now taking out to Jordan's presentation to the United Nations just this morning to the human rights Council on Afghanistan ICC 24 months ago, human rights Council not friendly Harry to talk about that we come back from break.

Jordan and I give the thought European Center for Law and Justice. Thank you, Mdm. Pres., the ECL J would like to address the extremely dangerous situation, especially for Christians, other religious minorities and women in Afghanistan. Now that the Taliban has seized control of the country and Isis is researching Christians in Afghanistan fear the same genocidal persecution suffered by Christians in Iraq and Syria that they will be hunted down, abused and even killed because of their faith. Christian organizations have even warned believers not to leave their homes for fear of what the Taliban due to them. The Taliban has a demonstrated history of violence and human rights abuses against Christians and women. The Taliban has oppressed religious minorities denied education to girls over the age of 10 and treated women as property refugees, US citizens, and other foreign nationals are now trapped, unable to flee the Taliban is going door-to-door throughout the region looking for Christians to kill the unmarried women to take captive.

The Taliban is not a peaceful government body and should not be treated as such is a dangerous radical militia, the places no value on human rights impose a legitimate threat to Christians other non-Muslims and women swift international intervention is imperative. Therefore, the ECL J respectfully calls upon the Council to take whatever action is necessary to protect Christians religious minorities and women in Afghanistan to stave off any impending human rights abuses and bloodshed. Now before it's too late. So that was Jordan at the United Nations this morning. Okay at the human rights Council making the presentation. Numerous counsel about abuse of Christians and women to minorities in Afghanistan.

Like I said 24 months ago the European Center for Law and Justice and our team right here went to the Hague to the international criminal court to defend American military soldiers talk about being front and center. This is an institution, by God's grace in your generous support of the ACLJ which I need to say thank you over and over again that is a lot. All of this to happen were able to bring it to you on TV and radio and on lot of different social media platform were able to go there and do the legal work were able to do the government affairs work in the policy work because of your support of the ACLJ and R support these institutions around the globe. We come back.

Why do we go to hospital institutions more we come back to challenges facing Americans or substantial time in our Valley freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades now ACLJ on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do our work without your support, we remain committed to protecting your religious and constitutional freedoms then remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member. Thank you. Not well this is the perfect time to stand with us ACLJ.org where you can learn more about our life changing become a member today ACLJ only one.

A society can agree that the most vulnerable invoice.

Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice defend the rights of life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the motion and what Obama care means to discover the many ways your membership in the ACLJ is empowering the right question free copy of mission in life today online ACLJ/human rights Council at the United United Nations on behalf of Mr. minorities and women and other minorities in Afghanistan dumping were tortured and abused by the Taliban. We were at the international criminal Court in the Hague also UN creation is generally hostile territory. I wanted to Prof. Hutchinson on this post.

I think this is really important. A lot of people say on the you when I'm not bothered with you when the ICC who cares. Yet the care because even though that's hostile territory, were not called to just go where it's nice were they agree with the fact I think were called report for duty is what happens here in the reporting for duty means hostile territories and human rights Council area and the UN, especially in the international criminal court have generally been hostile absolutely. So generally I think it's very very important to commit to principal. Without the prospect of an immediate victory. A principled commitment to justice to fairness to human rights often will prevail in the end, so the ACLJ, at least in my opinion should continue to go before the ICC, the UN and human rights councils even when the are stacked against us. I think that's very very important. We should be prepared to go to the mat. We should be relentless in our pursuit of principal justice and we should be prepared to exhibit something that is missing in the Biden administration backbone, even when no one else will.

In the short run, even if we do not prevail. It gives hope, I think, to the hopeless courage to those who cower and provides critical momentum for the future so that is why we actually stay in the fight. That is why we continue to offer principled counsel going for it. Then describe for every body.

The make that the this is hostile territory, but we have a big presence there yeah Jan I'm glad that Harry brought this up because I I've been as you had in the in the well of the United Nations Gen. assembly in the well of the human rights Council time and time again and here's what people need to understand about what takes place in those chambers, J if were not there. Pressing the case of the persecuted church around the world if they were not there. Pressing the case of the persecuted religious minorities in Afghanistan or India as we did a couple weeks ago or in Pakistan or in Burma as were doing in the weeks ahead.

J if were not there. Those arguments are not heard they are absent. These are some of the most hostile. But if you want to call them diplomatic chambers.

I think that's overly generous, but if you want to call them diplomatic chambers. These are hostile diplomatic chambers and these are arguments that are not heard. So I J there are times when it gets discouraging. There are times where you lose battles but that that message has to be pressed in those chambers and we at the European Center for Law and Justice Deborah take that message to every corner of the globe and in every diplomatic chamber that we can take your calls and comments 21 800 684 31 simply want to go over Carla Smith from over here and talk about the impact on all of this on our military and let me also incest with emesis and we have to engage in. We have to stay engaged US takes a stand, not only for our own interest, but for freedom and justice and the rule of offer other nations that look to us to take this kind of a stand globalism this is a threat and this is specifically illustrated at times in the human rights Council in the ICC in the refugee commission at the United Nations, and so forth, back to the military issue that you know we have illustrated for decades that we hold our own people accountable. You look at our civilian courts that prosecute soldiers who do things that are wrong in the uniform code of military justice which spells this out. We have our military courts, even when were dealing with our military quote unquote enemies look at at Guantnamo Bay and the very very very measured intricate, complicated way. We even try to make sure that our enemies have justice at night, counsel all of those kinds of military counsel. The we officers yeah exactly and privately. We hold our own people accountable, but we also stand up for justice and the rule of law, even for enemies yet we've illustrated for decades, our ability and our willingness to hold our military people accountable, which is why the ICC. We should never surrender jurisdiction to that story had a great question came in a comment from Kathy on Facebook want to give a stand in the United States is more than capable of taking care of crimes with federal judicial system, but are afraid of the weakness of the bite administration on this. It will give the ICC leverage against us. Kathy sounds like a lawyer. A good lawyer a good conservative American lawyer because we are more than capable of taking care of crimes as we said we have various systems, we have statutes we have laws, we have a judiciary we can take care of our military and we are not amenable and shouldn't be too international sovereignty over the United States and it is a fear. A great apprehension I have, considering what Rick Grenell has called this rush to consensus.

This rush to bringing everybody together and internationally as to what the Biden administration is going to attempt to do as far as the ICC and the Rome statute either. I don't think they can be successful in it, but I think that there are always going to try to opt to give away American sovereignty yield American sovereignty to international tribunals like the ICC. Big mistake. Go there.

Participate as we did fight them, but never accede to their jurisdiction. No, I would take you back into the international criminal court talking about jurisdiction. I actually argued that, take a listen. The European Center for Law and death 10 minutes. These proceeds, thank you, Mr. Pres., your honors may please the chamber as early as 2002, United States Congress passed explicit legislation with wide bipartisan support.

The American service members protection act codifying into law that it will not participate under section 7423B of the act." No United States Ct. and no agency or entity of state or local government, including any court, may cooperate with the international criminal court in response to request for cooperation submitted by the international criminal court pursuant to the Rome statute. There is no room to speculate that this will suddenly change this court's jurisdiction is based on the delegation of authority by state parties. However, there is no customary norm whereby states can delegate their criminal jurisdiction over foreign nationals to 1/3 party. In fact, the customary norm is just the opposite. A state cannot delegate that jurisdiction to another state without the consent of the accused states of nationality estate also cannot delegate its criminal jurisdiction over foreign nationals to a tribunal whose jurisdiction has been rejected by the accused person state of nationality is not in the interest of justice to ignore customary international norms is not in the interest of justice to override explicit agreements between sovereign states, and it is not in the interest of justice waste.

The court resources while ignoring the reality of principled noncooperation.

The very last thing I said was utilize the court's limited resources. And what did the prosecutor today Sandy that we are going to prioritize the United States because the there are frameworks of complementarity. In other words, there is an American system that can handle these things will need to do it. The Americans have the ability to do it and have done forever and ever. So were not going to inject ourselves into the American system. This is the concern that I have that Biden is not going to heed those words and instead is that a try to accede to the ICC into these foreign tribunals we should oppose those things.

Well we you know we did aggressively fan and I think that when you see the fruit of this and look this one took a couple turns to get to the right conclusion, but I got there, it is more than one way to win. Sometimes Jane you take a win. However, you can get it. And if for now, the United States military members are protected from jurisdiction at the ICC J we will take that every day of the week and I would just say one on one other note on the political a component of this I we reference the Biden administration their posture towards this several times but Jakey think back to 2000, when Bill Clinton signed it initially but did not submit it to the United States Senate for ratification, but many suspect it was simply because the votes artwork. There will Jay. I suspect the votes aren't there in the United States Senate right now either. And maybe that's why the Biden administration posture continues to be not submitting it to Jake. How do we keep the United States Senate posture as opposed to signing the Rome statute. We make sure they know that there would be a political price to pay if they were to do so.

So that that's where that dynamic fits and will put our men and women in harm's way to an international tribunal military were on and this is interesting. John YouTube says our system is built on the importance that all receive due process. Even bad players. That's exactly right. And we watched some of these proceedings. He scrawls at the ICC. I will tell you it's not due process. I will tell you this. Also, the which is in any pointed out in the state again. When the new prosecutor comes in and said he's been promote accountability efforts within the framework of the principle of complementarity.

That is precisely what I argued to that chamber that the US had it system in place and it's the best system in the world on accountability in this prosecutor got it so that's why you fight that's what you continue to fight.

That's right. The first decision goes against her.

Without subsequent regional this. The end result is we want the American people want the nations one. Let's keep them accountable. Your support of the ACLJ keeps all of this happening encourages good ACLJ.or, if the last thing that will take all the comments, 1-800-684-3110 is 800-684-3110 support the work of theaclj@aclj.org. Only one. A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally and publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activists.

The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the and what Obama care means to the pro-life discovery many ways your membership in the ACLJ is empowering the right question free copy mission life today online ACLJ/challenges facing Americans for substantial time and are now free to sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades. ACLJ on the frontlines protecting your freedoms defending your rights" in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about our life changing become a member today ACLJ testability for just doing is laying the broadcast. We got some really good news and that is the original criminal court in the hay which we went to in December 2019 to argue that the United States military was not subject to ICC jurisdiction because of the principal what's called complementarity that is there was a some kind of wrongdoing by our military. We have our own internal systems of military justice as a West Smith. Smith had pointed out and initially the trial chamber ruled against that position.

Yet a new prosecutor comes in and says no were not to investigate the United States because they have complementarity they have accomplished monetary system, which is precisely what we organize. I say this because it takes perseverance to win this but West Smith.

Col. Smith brought up a very troubling aspect of what's going on with the Biden administration. All of this right now with these international tribunals and this is of serious serious concern not take a listen to this West. Many geologists were coming during the break, it was just two months ago in July that the Secretary of State Anthony Lincoln invited the United Nations human rights Council to look into the issue of systemic racism in America. He actually invited them to do that the human rights Council corset as Cuba and China, all these great giving a smile on the County Council itself. This is why, because of that that slant that left in our political system have including in the Biden ministration.

We have to be on guard against globalism and against surrendering our own sovereignty to an international body, but think about that and and I had that issue has not gone away that invitation to understand the still open that somehow another. The human rights Council will look into systemic racism in the United States lying in the world and it would you invite the H human rights Council of United Nations to investigate the united states of America meeting the department justice can't do that.

The FBI can't do that we have to have the human rights Council you went to the Cuba and Venezuela in the countries and letter sitting on this panel can tell us how bad we are. This is the Biden have effort and globalism. J this is the bride in an effort of international governing bodies and agencies taking over supervision of the United States government. We can do it ourselves.

We've got to reach out and have the UN human rights Council, which is West pointed out and you said Cuba, China, Venezuela telling us about systemic racism allegedly existing in the United States and inviting that this is the Secretary of State inviting these foreign countries are the biggest violators of human rights to come in and tell us about our alleged systemic racism Harry. I think about this and I mean in this why we gotta stand up and fight folks what in the world was the Secretary of State thinking when he did this well. I think Anthony Boynton, like many globalists has learned to deeply hate the United States and so the whole notion that the United States is systemically races is grounded in the view that many and perhaps most individuals in the United States are not racist themselves with the entire system is races and therefore calls forth an a restructuring a reframing and so at the end of the day. Many of the people in the State Department. Many of the people in the Biden administration. What do they truly want. They want to avoid the United States Constitution and to reconfigure the country.

That is why, at least in part why our borders are being swamped by illegal immigrants. That is why the United States refuses to apply the same procedures to immigrants that we are now beginning to apply to American citizens. In order to enter the United States from France.

If you take a flight you have to have a vaccination you may need to have a successful coded test but if you walk across our southern border. You are then dispersed throughout the United States. You are given potentially a path toward citizenship and a path towards voting in the next election. Why because as Joe Biden in 2015 said we want to change the cultural composition of the United States right so Michael on YouTube says the US should remain free and independent of international governing bodies or agencies which is, I agree with but then that does not mean we can ignore those governing bodies and agencies will that's why we go there JI mean that the United States has to defend its sovereignty and should, although I gotta tell you, I think there is a drive towards international consensus over sovereignty. But either way, J even under the last administration. When the position was the proper one that we are not going to yield our sovereignty to these entities date we still showed up. We still showed up and pressed the case for those who are persecuted. We also press the case for the United States defending our sovereignty. I would say two quick things we come to the end here J.

First of all we mentioned this before we got a reiterated United States has a long history of holding wrongdoers responsible ourselves. There's no need for these additional bodies.

It would just be yielding our sovereignty. The second thing that's really important here J of the ICC in these other bodies yes they want jurisdiction over the United States. They also want jurisdiction over Israel and it's important for the United States to defend our sovereignty and be there for Israel when they come after Israel sovereignty as well. You know I want to have any explain this to people because I think this is important. That presentation before the international criminal court hearing trial for the ICC. The eye chart for you to understand how many lawyer hours went in to doing this but even to the night before the hearing, yet opening day. Yes, we sat together in a room and I'm looking at the room and I can visualize it and we had about Adriana Neyland is the ice at the Amsterdam Hilton. I can visualize the room and I can visualize honing every single word that J presented the next day, even to the point of saying we split an infinitive, don't do that because it's not the appropriate thing to do from David Benjamin whose mother was an English teacher in South Africa so he knew better English than I who am a historian and a grammarian knew when we honed it very carefully so let me just say this, it is a tribunal that we do not recognize in the United States, of course, it's jurisdiction, but we attend to it because and they did J show us great deal of respect and deference to the lake, and though we disagreed with them even though we believe they did not have jurisdiction. They showed us great respect and great deference and they treated us very nicely. All the and we can be that we can disagree without being disagreeable. And that's what we did before the ICC. What happens we didn't win on March 5, 2020, but we have one today. In September 2021. That's called perseverance. Catherine on YouTube rights. Thank you. I'm so proud to be a member of the ACLJCL Jan want to say to Catherine and to so many of you, thank you because without your support. None of this happens and we wake up every morning and say how much we appreciate you all supporting the work of the ACLJ in incredible numbers. I mean, we had a phenomenal year so far because of your generosity were able to expand our efforts. I want to expand our efforts in other areas. I want permanent facilities overseas at midweek like we have in United States and we got we got big goals and dreams of what we can do. But your support for the ACLJ has made all this possible and not so while a lot of people on the social media platforms are thinking as I want to turn that around. Thank you and I know that goes very body that you see right now. This broadcast and I tell you everybody behind the glass which is broadcast together it goes for all our people are social media teams in a videotaped and are photography teams are writers are lawyers and Bennett's thoughts office in Washington DC in government affairs lawyers in our office in Strasburg Branson and in Jerusalem and around the globe. Your support makes all that possible, so I wanted this broadcast with Blackwood when this case to say thank you, thank you for your support of the ACLJ talk tomorrow. ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena. The American Center for Law and Justice is on your side. If you're already a member.

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