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“Unbelievable；” said Ruth eventually； “to equate what Adam did or didn’t do with the Nazis。”
“That’s precisely why the United States doesn’t recognize the court；” said Kroll。 He wagged his finger。 “We warned you what would happen。 An international war crimes tribunal sounds very noble in principle。 But you go after all these genocidal maniacs in the third world； and sooner or later the third world is going to come right back after you； otherwise it looks like discrimination。 They kill three thousand of us； we kill one of them； and suddenly we’re all war criminals together。 It’s the worst kind of moral equivalence。 Well； they can’t drag America into their phony court； so who can they drag？ It’s obvious： our closest ally—you。 Like I say； it’s not legal； it’s political。”
“You should make exactly that point； Adam；” said Amelia； and she wrote something in her black…and…red notebook。
“Don’t worry；” he said grimly； “I will。”
“Go ahead； Connie；” said Kroll。 “Let’s hear the rest of it。”
“The reason we can’t be sure which route they’ll choose at this stage is that torture is outlawed both by Article Seven of the 1998 Rome Statute； under the heading of ‘Crimes against humanity；’ and also under Article Eight； which is ‘War crimes。’ Article Eight also categorizes as a war crime”—she consulted her laptop—“‘wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial’ and ‘unlawful deportation or transfer or unlawful confinement。’ Prima facie； sir； you could be accused under either Seven or Eight。”
“But I haven’t ordered that anyone should be tortured！” said Lang。 His voice was incredulous； outraged。 “And I haven’t deprived anyone of a fair trial； or illegally imprisoned them。 Perhaps—perhaps —you could make that charge against the United States； but not Great Britain。”
“That’s true； sir；” agreed Encarnacion。 “However； Article Twenty…five； which deals with individual criminal responsibility； states that”—and once again her cool dark eyes flickered to the computer screen—“‘a person shall be criminally responsible and liable for punishment if that person facilitates the commission of such a crime； aids； abets； or otherwise assists in its commission or its attempted commission； including the means for its commission。’”
Again there was a silence； filled by the distant drone of the helicopter。
“That’s rather sweeping；” said Lang quietly。
“It’s absurd； is what it is；” cut in Kroll。 “It means that if the CIA flies a suspect for interrogation somewhere in a private plane； the owners of that private plane are technically guilty of facilitating a crime against humanity。”
“But legally—” began Lang。
“It’s not legal； Adam；” said Kroll； with just a hint of exasperation； “it’s political。”
“No； Sid；” said Ruth。 She was concentrating hard； frowning at the carpet and shaking her head emphatically。 “It’s legal as well。 The two are inseparable。 That passage your young lady just read out makes it perfectly obvious why the judges will have to allow an investigation； because Richard Rycart has produced documentary evidence that suggests that Adam did in fact do all those things： aided； abetted； and facilitated。” She looked up。 “That is legal jeopardy—isn’t that what you call it？ And that leads inescapably to political jeopardy。 Because in the end it will all come down to public opinion； and we’re unpopular enough back home as it is without this。”
“Well； if it’s any comfort； Adam’s certainly not in jeopardy as long as he stays here； among his friends。”
The armored glass vibrated slightly。 The helicopter was coming in again for a closer look。 Its searchlight filled the room。 But on the television screen all that could be seen in the big picture window was a reflection of the sea。
“Wait a minute；” said Lang； raising his hand to his head and clutching his hair； as if he were glimpsing the situation for the first time。 “Are you saying that I can’t leave the United States？”
“Josh；” said Kroll； nodding to his other assistant。
“Sir；” said Josh gravely； “if I may； I would like just to read you the opening of Article Fifty…eight； which covers arrest warrants。 ‘At any time after the initiation of an investigation； the Pre…Trial Chamber shall； on the application of the Prosecutor； issue a warrant of arrest of a person if； having examined the application and the evidence or other information submitted by the Prosecutor； it is satisfied that there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court； and the arrest of the person appears necessary to ensure the person’s appearance at trial。’” He fixed his solemn gaze on Adam Lang。
“Jesus；” said Lang。 “What are ‘reasonable grounds’？”
“It won’t happen；” said Kroll。
“You keep saying that；” said Ruth irritably； “but it could。”
“It won’t but it could；” said Kroll； spreading his hands。 “Those two statements aren’t incompatible。” He permitted himself one of his private smiles and turned to Adam。 “Nevertheless； as your attorney； until this whole thing is resolved； I do strongly advise you not to travel to any country that recognizes the jurisdiction of the International Criminal Court。 All it would take is for two of these three judges to decide to grandstand to the human rights crowd； go ahead and issue a warrant； and you could be picked up。”
“But just about every country in the world recognizes the ICC；” said Lang。
“America doesn’t。”
“And who else？”
“Iraq；” said Josh； “China； North Korea； Indonesia。”
We waited for him to go on； he didn’t。
“And that’sit ？” said Lang。 “Everywhere elsedoes ？”
“No； sir。 Israel doesn’t。 And some of the nastier regimes in Africa。”
Amelia said； “I think something’s happening。” She aimed the remote at the television。
AND SO WE WATCHEDas the Spanish chief prosecutor—all massive black hair and bright red lipstick； as glamorous as a film star in the silvery strobe of camera flashes—announced that she had that morning been granted the power to investigate the former British prime minister； Adam Peter Benet Lang； under Articles Seven and Eight of the 1998 Rome Statute of the International Criminal Court。
Or rather； the others all watched her； while I watched Lang。“AL—intense concentration；” I jotted in my notebook； pretending to take down the words of the chief prosecutor but really studying my client for any insights I could use later。“Reaches hand out for R： she doesn’t respond。 Glances at her。 Lonely； puzzled。 Withdraws hand。 Looks back at screen。 Shakes head。 CP says ‘was this just single incident or part of systematic pattern of criminal behavior？’ AL flinches。 Angry。 CP： ‘justice must be equal for rich & poor； powerful & weak alike。’ AL shouts at screen： ‘What about the terrorists？’”
I had never witnessed any of my authors at a real crisis in their lives before； and scrutinizing Lang； I gradually began to realize that