Heiko Recktenwald on Thu, 4 Aug 2011 00:53:44 +0200 (CEST)


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Re: <nettime> Emblem for the International Criminal Court: Iustitiae Languor


Am 02.08.2011 15:08, schrieb Tjebbe van Tijen:

Indictment for Gaddafi but not (yet) for Assad makes one wonder

It is NOT the business of the ICC to protect human rights but to punish certain "crimes" and those "crimes" are in the same sphere of international politics as the UNSC and Assad. International penal law may have played a good role in the case of former Yougoslavia but in general it is political kitsch. Artist should not contribute to this.

One does not need the example of Assad to laugh about the indictment against Gaddafi, the case of Bashir is enough.

Some years ago everybody was talking of Empire. Who is more to blame for the massacres in Sudan, Bashir or those who gave weapons to the people in the South?

There are terrible things happening everywhere but international penal law is not the answer. We have to compare cases, as you did with Gaddafi and Assad, and do what is doable on an equal basis.

As the Romans said of the law: "Est autem a iustitia appelatum: nam, ut eleganter Celsus definit, ius est ars boni et aequi" (D. 1, 1, 1, pr.),


H.


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