Berlin Invasion Act?
WASHINGTON The US Congress is considering a law to prevent, if necessary with military force, charges of ,,Crimes against Humanity"when applied to US-interests. Among other things, this legislation is directed against German legal procedures which grant Berlin the right to prosecute globally such actual or fabricated crimes, ,,independent of the scene of the crime or the nationality of the participants."With that, the German-American disagreement over global definitions of legal titles applicable to attacks on third states ( ,,global domestic policy") continued with undiminished intensity.
During the previous year the German federal government implemented a German ,,international penal code"with the intention of expanding its sovereignty to pursue globally violations of international law. Berlin's justification for this interference in individual sovereign rights through international law, is its alleged concern with human rights. The legal claim, to prosecute deeds that occur in foreign territories, is also directed against the USA and other competitors of Germany whose, up until the present, superior military power would be subject to the German judiciary. The former minister of justice, Däubler-Gmelin had specifically challenged the United States ,,to support international co-operation against the worst violations of international law".
On the other hand the USA had secured a resolution by the UN Security Council which granted immunity, before the International Court (IstGH) in The Hague, to US soldiers. Berlin is one of the primary initiators of that court which has been considered dubious by numerous legal experts. At the moment Washington is seeking an extension of the special provision mentioned above. A special bill intends to liberate US-Americans from the clutches of The Hague's court by force. Unofficially it is called: The Hague Invasion Act.
In the final analysis the bill, introduced in the US House of Representatives, now threatens Berlin with force in case German authorities should try to prosecute US citizens based on the principle of international law. The bill mentions a ,,threat to the sovereignty of the United States"and prohibits any participation by US authorities in such criminal prosecutions. In addition the president will be empowered to use ,,all means necessary"including military force, to liberate not only US soldiers and officials but also allied support personnel who have been taken into custody based on the ,,principle of international law".
Sources:
H.R.2050: Universal Jurisdiction Rejection Act of 2003 (Introduced in House), May 9, 2003; thomas.loc.gov
Anschlag auf die Weltjustiz; Süddeutsche Zeitung 17.05.2003