Silvio Berlusconi in court in Milan Italy, June 17, 2003, accused of bribing a judge (AP Antonio Calanni)
The Privatization of the Rule of Law: The Immunity Legislations for tycoon Berlusconi and hegemonic America
Nipawin - MOnday - June 23, 2003 - by: Mario deSantis
''From today, Berlusconi can no longer face trial...as a citizen, therefore, he is no longer equal to everyone else. The law is no longer equal for all.'' Editorial of La Repubblica, June 18, 2003
"The International Criminal Court is troubling to the United States. As the United States works to bring peace around the world, our diplomats and our soldiers could be drug into this court, and that's very troubling -- very troubling to me." President George Bush, July 3, 2002
inequality	We have explained in past articles how the preaching of privatization in accordance to the Free Market is creating more inequality among people and more inequality among countries. Such inequality is not limited to economic inequality but it affects the equality of being equal citizens under the law of the nation, and of being equal member nations under the law of the international community.
immunity	Privatization has taken over the political institutions and this taking over of the common good has become more apparent in Italy and in the United States. Italian Prime Minister Silvio Berlusconi has been on trial for corruption charges in Milano while waiting to become the rotating president of the European Union in July. Berlusconi's co-accused Cesare Previti has been charged of corruption as well and the prosecutors are asking for an 11 year sentence. In order to avoid the embarrassment from the eventuality of a being found guilty, Berlusconi has rushed the passage of his immunity legislation and today he is free from prosecution. Berlusconi, the richest tycoon in Italy, has denied any wrongdoing and has accused his prosecutors of being communists and politically motivated.
Uganda President Yowert Kaguta Museveni and U.S. Secretary of State, Colin Powell sign a treaty, June 12, 2003, Article 98 giving U.S. citizens immunity from posecution by the International Criminal Court. Uganda and others have signed this agreement with the threat from the United States to end billions of dollars in U.S. aid. (REUTERS/William Philpott)
Americans can't be war criminals	The United States is not a member of the International Criminal Court because it is afraid the court could launch politically motivated prosecutions of Americans. May I add that this fear is rightly justified, as the United States is pursuing a belligerent foreign policy of world domination which includes the deployment of some four hundred thousand troops abroad. In order to avoid future prosecution for war crimes, the United States is arranging bilateral agreements with other countries that grant immunity for Americans from the International Criminal Court's authority. In the meantime, the Bush administration has passed the American Servicemembers Protection Act which intimidates members of the International Criminal Court and which authorizes the use of military force to liberate any American held by the court.
self serving political motivation	The political institutions of Italy and of the United States have been undermined by the privatization of the common good and this is why the governments of these two countries have passed private immunity legislation to cover respectively, the corruption charges against Prime Minister Silvio Berlusconi and war crimes against American citizens. Yet these two privatized governments claim that their immunity legislation is needed to protect their assets from politically motivated prosecutions.
	Mario deSantis
References:
	Pertinent articles published in Ensign
	Baker, Luke Berlusconi immunity greeted with fury, frustration (PDF) June 19, 2003 Reuters
	Wallace. Kelly Bush: U.S. personnel will never face global court (PDF) July 3, 2002 CNN News
	Arie, Sophie Italian MPs vote to kill off Berlusconi bribery trial (PDF) June 19, 2003 The Guardian
	ITALY: Italian Leader, in a First, Testifies at His Own Bribery Trial New York Times, May 6, 2003
	Crawshaw, Steve Why the US Needs This Court: America's Rejection of the International Criminal Court Is a Threat to its Own Security June 15, 2003 Observer, http://www.globalpolicy.org/intljustice/icc/2003/0618hrw.htm
	Roth, Kenneth 'New Justice' v. Impunity June 18, 2003 International Herald Tribune, http://www.globalpolicy.org/intljustice/icc/2003/0618rothicc.htm
	CICC The American Servicemembers' Protection Act:An Overview CICC Bulletin June 21, 2001 http://www.globalpolicy.org/intljustice/icc/2001/0621usbl.htm
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