Monday, February 17, 2014

Crimes Against Humanity.

A United Nations body has issued a report calling for Dennis Rodman's best friend, DPRK dictator Kim Jong-Un, to be tried before the International Criminal Court for crimes against humanity. The itemization of crimes includes "extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence."

My friend Dr. Rongfen Wang suggested that Song Binbin be tried before that court for CAH. Kim's case illustrates why Dr. Wang's suggestion is misplaced. Kim: Head of State; Song: Head of the Girl's School Attached to Beijing Normal University. If I understood her letter correctly, Dr. Wang would have jurisdiction conferred on the ICC by holding Song responsible for all the crimes committed during the Cultural Revolution. No criminal court would entertain such a notion with Song. Obviously, the only person who could have been arraigned before the ICC for CR crimes would have been Kim's counterpart, Mao Zedong.

At least in legal theory, Song Binbin (along with others) could have been tried for the unlawful homicide of Bian Zhongyun and for a home burglary and battery in a separate incident. But as Rongfen pointed out there are "time limits," statutes of limitation, applicable to any current criminal prosecution. And, such a trial would have to be held in the People's Republic of China. I know of no legal theory that would take Song's case(s) international.