European Stars And Stripes (Newspaper) - October 29, 1988, Darmstadt, Hesse                                Page 10 columns the stars and stripes Ruth Marcus Marcos Case reflects International trend in Law the unprecedented Crimi Nal prosecution of former philippine president Ferdinand Marcos on racketeering charge reflects the increasingly International reach of . Criminal Law according to Justice department officials and International Law experts. A Federal grand jury in new York last week indicted Marcos his wife Imelda and seven others on charges that they embezzled millions of dollars from the philippine government and secretly in vested the funds in the United Stales. After leaving office and fleeing to Hawaii at the invitation of president Rea Gan the indictment alleges the Marcoss then conspired with saudi financier Adnan Khash Oggi to evade a Federal court order prohibiting them from trans Ferring their assets. The alleged plan would have backdated documents to make it appear that Khash Oggi had bought four valuable new York office buildings before Marcos left office. Justice department officials sensitive to the foreign policy concerns of prosecuting a former foreign Leader for actions he look in office emphasize the second prong of the indictment that Marcos allegedly illegal activities continued after he arrived in this country in fact eight of the nine racketeer ing acts allegedly committed by the Marcoss involve activities in the Philippines. For example the indictment Cilcy Purchase of the new York build Ings with the illegally obtained funds which it said constituted wire fraud and interstate transportation of stolen prop erty. Obviously what we have Here is a mixed bag of acts committed inside and outside the United stale Sand the jus Tice department has evidently decided that the pattern of corruption does t break Down on National Boundary lines but in order to get a full sense of the True corrupt practices they have to go Back and look at actions taken abroad said Ralph Leinhardt an International Law expert at George Washington University. Steinhardt and others noted that the approach mirrors the internationalization of Law enforcement in other areas. If you look at what s going on in Securi ties antitrust lax cases he said increasingly the United Stales is taking an aggressive View of its jurisdiction so Long As there is an intent to have an effect in the United slates and so Long As there is an effect  Richard Halloran also lawyers said the indictment docs not represent a particularly novel use of Rico the racketeer influenced and corrupt organizations act which if Marcos is convicted will permit seizure of any ill gotten gains and their return to the Philippines. A Federal grand jury in Florida last year brought Rico charges against panamanian Leader Man Uel Antonio Noriega head of Panama s military but not like Marcos its official head of state. Here we have a person who has accumulated vast sums of wealth unlawfully and he is now investing that Money in this country said c. Robert Blakey a Rico expert at the University of notre Dame. I Sec  Between a drug warlord investing profits in their country and a corrupt dictator investing profits in this country however Justice department officials and International Law experts said there were potential foreign policy and Legal problems posed by prosecuting a former head of state. Marcos for example could claim that he is protected by so called head of state immunity or the act of slate doctrine under which . Courts May decline to review the acts of foreign officials. It strikes me if in fact the United states is going to put itself in the position of using the Rico statute to punish every dictator who bilked his people. It s going to create serious foreign policy problems for itself Down the Road and in my View United slates courts arc per haps not the Besl place to Deal with is sues of this kind unless it s Clear that american citizens have been injured by that activity said Harold Maier an International Law professor at Yandoc Obilt University. We have to wonder what kind of reciprocal and perhaps punitive jurisdiction will be exercised against Ameri cans Steinhardt said. We Don l want former president Reagan sued by a Bunch of nicaraguans when he vacations in France next  senior Justice department official involved in the Case acknowledged that there is a serious question As to who he was in the Philippines and that people Are worried How can you get the next Ferdinand Marcos to come to the United  but the official said the idea of All this is not to put a sick old Man in jail who was at one time an ally of the United states but to Stop this Ille Gal activity in our country and recover assets that have been taken from the philippine  Volunteer army o financial and military Success among the few policies on which vice presi Dent Bush and Cov. Michael s. Dukakis agree is that the United states should continue to rely on volunteers to till the ranks of the armed forces especially since the current crop of volunteers has been working out very Well. Current volunteers Are better educated and More Likely to remain in the service than in the past. Drill sergeants maintain that Young men and women with High school diplomas Are easier to train More disciplined and More Likely to Complete their enlist ments. The Pentagon reported recently that 97 percent in the enlisted ranks of 1.8 million arc High school graduates compared with 82 percent of the civilian labor Force. That trend has continued through the fiscal and recruiting year that ended on sept. 30, although the Navy lagged a bit. Moreover in recent years the Rale of re enlistment has been increasing among the better educated and More highly skilled recruits while re enlistment has been denied to those who did not measure up. The combined effect has been to enlarge the Pool of skilled and experienced leaders and technicians. Assessments of the Cost of the Volunteer Force com pared with that of a drafted Force of similar effective Ness have changed. The defense department estimated in 1966 that a Volunteer Force would Cost 15.4 billion More than a drafted Force because wages roughly competitive with the pay available in Vifian life would be needed to attract and keep Able Young people. By the Early 1980s those estimates were revised downward As most service terms lengthened from two years to four years or More thus cutting training costs. Earlier this year the general accounting office said personnel costs in the Volunteer Force were $2.6 billion less than they would be in a drafted Force of the same size and ability largely because of the difference in training costs. With its longer term of service the Volunteer Force has also become More productive. Senior non commissioned officers the foremen of the armed forces say that it lakes 18 to 24 months for a Soldier or Sailor to gain enough experience to make him fully effective. Although the proportion of recruits from racial and ethnic minority groups has fallen off in recent year members of minority groups who make up about 22 percent of the nation s population nevertheless constitute 27 percent of the Mii Iiara s enlisted Force largely because More Blacks arc re enlisting for careers. Citing such figures advocates of the draft have asserted that Middle class and upper Middle class whiles especially the College educated arc failing to carry their share of the military Burden. But the same argument has been made even in limes when there was a draft. During the Vietnam War for example Many argued that the existence of draft defer ments for College students resulted in placing a disproportionate Burden of the fighting on the ins affluent. In any Case a particular attraction of military serv ice for Blacks and members of other minority groups is the perception of the services Equality of Opportunity for advancement and training. A recent Pentagon report on the demographics of the armed forces suggests the military has no plans to change its recruiting policy. While no direct Effort is made to create a representative Force the report said the military has proved and continues to demonstrate its performance As an equal Opportunity