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US threatens not to support new UN global court
With time running out for the Clinton administration, the United States warned legal experts to exempt US soldiers and officials from prosecution abroad by a new global criminal court.
If such a provision were not approved in November, David Scheffer, the US ambassador at large for war crimes, on Wednesday said that Washington would have to reconsider its overall support for the world's first criminal court and perhaps even peacekeeping.
''A negative result at the next session could have a major impact on the ability of non-party states to participate in certain types of military contingencies, including those with critical humanitarian implications,'' Scheffer told the UN General Assembly's legal committee.
''Overall support for the court would be diminished and the legitimacy of certain actions by the court would be questioned by the very non-party states that otherwise would find good reason to support the court,'' said Scheffer, who has represented the Clinton administration on the issue. Clinton leaves office on January 20.
At issue are rules for an International Criminal Court that would try individuals for the world's most heinous atrocities --
war crimes, genocide and crimes against humanity.
Proponents of the court say that its statutes include numerous safeguards to prevent prosecutions of citizens from countries with a functioning judicial system. Scheffer argued that nations that have not signed and ''act responsibly in the international community'' should not be subject to prosecution by the court. With some 300,000 soldiers abroad, the United States wants airtight guarantees its soldiers and officials would not be subject to politically motivated or frivolous prosecutions. But so far Washington has not made this exemption a condition for signing up to the tribunal, only for cooperation. Canada, South Africa and China, among others, rejected, scheffer's premise. ''exemption or immunity for any particular state would not be consistent with the statutes nor with the fundamental precepts of international justice,'' Canadian envoy Andras Vamos-Goldman said. ''We do take seriously any concerns about possible frivolous prosecutions or other problems. We believe the statute, rules and elements provide significant safeguards against any possibility of such abuse,'' he added.
Some 120 countries approved a treaty establishing the court at 1998 conference in Rome. Under pressure from the pentagon and the republican-controlled Congress, the United States was among even nations that voted "no." Since Rome, 114 countries have signed the treaty and 14 have ratified it. A total of 60 ratifications are needed for the treaty to go into force, expected in about three years. Among the permanent UN Security Council members, Britain, France and Russia have signed the treaty while China and the United States have not. Canada has both signed and ratified. Bureau Report
Proponents of the court say that its statutes include numerous safeguards to prevent prosecutions of citizens from countries with a functioning judicial system. Scheffer argued that nations that have not signed and ''act responsibly in the international community'' should not be subject to prosecution by the court. With some 300,000 soldiers abroad, the United States wants airtight guarantees its soldiers and officials would not be subject to politically motivated or frivolous prosecutions. But so far Washington has not made this exemption a condition for signing up to the tribunal, only for cooperation. Canada, South Africa and China, among others, rejected, scheffer's premise. ''exemption or immunity for any particular state would not be consistent with the statutes nor with the fundamental precepts of international justice,'' Canadian envoy Andras Vamos-Goldman said. ''We do take seriously any concerns about possible frivolous prosecutions or other problems. We believe the statute, rules and elements provide significant safeguards against any possibility of such abuse,'' he added.
Some 120 countries approved a treaty establishing the court at 1998 conference in Rome. Under pressure from the pentagon and the republican-controlled Congress, the United States was among even nations that voted "no." Since Rome, 114 countries have signed the treaty and 14 have ratified it. A total of 60 ratifications are needed for the treaty to go into force, expected in about three years. Among the permanent UN Security Council members, Britain, France and Russia have signed the treaty while China and the United States have not. Canada has both signed and ratified. Bureau Report