-Caveat Lector-

"The United States has resigned itself to the eventual creation -- over
Washington's objections"

That would be Clinton.

"Mr. Scheffer said the U.S. delegation was still hoping to secure language
in the treaty that would provide protection for Americans..."

In other words, we'll sign it as long as we are not held accountable.  This
also sounds like Clinton.

"In voting against the court's creation, the United States was joined by a
curious collection of nations: Iraq, Libya, Israel, Russia, China and
India."

Well, doesn't that say it all..

Hilary


Source:
The Washington Times
http://www.washtimes.com/

U.N. crimes court gets support without U.S.
http://www.washtimes.com/internatl/internatl1.html

By Betsy Pisik

THE WASHINGTON TIMES

NEW YORK

The United States has resigned itself to the eventual creation -- over
Washington's objections -- of a U.N. International Criminal Court to be
modeled after war crimes tribunals for Rwanda and the former Yugoslavia.
Even if the United States does not ratify the treaty, American citizens
will be subject to arrest and trial as the treaty document is now drafted.

International backing for the court became apparent this week as legal
experts gathered at the United Nations to discuss fine print in a treaty
that would establish the world judicial body.

David Scheffer, assistant secretary of state for war crimes issues,
acknowledged that the court is on track, even in the United States.

"We expect many nations to ratify by the end of next year," he told The
Washington Times. He also said that the presence of many U.S. allies on the

court would ratchet up pressure on the United States to join, but added:
"We're never going to sign a treaty we can't support."

The United States voted against creating the court last summer, saying that

the structure of the tribunal would not protect American troops from
frivolous or politically motivated indictments and prosecutions.

Although 90 nations have already signed the treaty, only five have formally

ratified the document. Ratification by 60 nations is required for the
tribunal to begin working -- something experts expect to happen within the
next two years.

Mr. Scheffer said the U.S. delegation was still hoping to secure language
in the treaty that would provide protection for Americans -- enough that
the United States could eventually join. He said negotiators were hoping to

make strong provisions for national prosecutions that would pre-empt the
international tribunal's jurisdiction. They are also hoping to define
agreed-upon crimes and rules of procedure in such a way that U.S. troops
would be highly unlikely to ever be called before the court.

Mr. Scheffer said Secretary of State Madeleine K. Albright was discussing
the tribunal with her counterparts in numerous foreign ministries.

In voting against the court's creation, the United States was joined by a
curious collection of nations: Iraq, Libya, Israel, Russia, China and
India. But supporters range from Germany to South Africa to Australia: an
increasingly diverse and powerful bloc of nations that experts say will
provide the political leadership and financial heft to ease concerns of
smaller and more cautious nations.

All of the European Union has signed the treaty, and Italy has ratified it.

The German government on Tuesday announced that it would ratify the treaty
but did not say when. France has committed to ratifying it within the next
few months. The governments of Britain, Canada and the Netherlands say they

will complete ratification within the next year.

The entire European Union is expected to approve the statute by the end of
2000, said a statement read by a diplomat from Finland. Finland currently
holds the rotating EU presidency. The European Union has promised financial

and legal assistance to the court, to be located in The Hague. The court
will prosecute allegations of war crimes, genocide and other crimes against
humanity, and will do so
without direct authorization of the U.N. Security Council, where the United

States holds a veto.

Although it has no enforcement mechanism, all nations -- including the
United States -- would be subject to the international court's
jurisdiction, the treaty document says. This means that all nations will be

required to comply with the court's demands
for information, evidence, witnesses and suspects, the treaty says.

"We cannot recognize the court's competence in bringing prosecutions
against U.S. personnel engaged in official actions when the U.S. government

is not a party," Mr. Scheffer told the U.N. legal committee in October.

The court will not be retroactive, but the existing tribunals for Rwanda
and the former Yugoslavia will eventually be rolled under its umbrella. The

financing of the court has not been decided, but many nations hope that the

bulk of the court's expenses -- particularly in the start-up years -- will
be paid from the U.N. regular budget.

This means that Washington could be assessed up to one-quarter of the
court's budget, even if it does not accept the treaty. Legal experts and
delegates from around the world have repeatedly said that the court will be

severely limited without the financial, legal and intelligence-gathering
capacities of the United States.

"There is no doubt the court would be much stronger with the United States
than without," said Bruce Broomhall, an observer with the Lawyers Committee

for Human Rights. However, he said, it is "out of the question" that
signatories would allow Washington to renegotiate portions of the treaty.

Foreign delegates say they increasingly doubt whether Washington can be
reassured. Several nations and legal experts have complained that any
protections afforded to American troops would be more than enough to shield

notorious rulers such as Iraq's Saddam Hussein who could be accused of war
crimes.

Senate Foreign Relations Committee Chairman Jesse Helms, North Carolina
Republican, has said the treaty will be "dead on arrival" if the president
ever submits it for Senate ratification.

Mr. Scheffer said that U.S. officials have not yet decided whether to
simply ignore the court, or actively work against it. "We're not going to
make that decision until the end of next December."

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