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----- Original Message -----
From: <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Saturday, April 13, 2002 9:06 PM
Subject: [kominform2] ICC Creation Pits US Against World.




From: [EMAIL PROTECTED]

Subject: [R-G] ICC Creation Pits US Against World - London Times

The London Times
 April 11, 2002

ICC Creation Pits US Against World

War crimes court pits United States against the world From James Bone in New
York THE United States will be put on a collision course with the rest of
the world today when at least seven countries gather for a ceremony at the
United Nations that will trigger the creation of the world's first permanent
international criminal court. After the statute of the new International
Criminal Court was adopted in Rome in 1998, diplomats believed that it could
take up to two decades to get the 60 ratifications needed for the new court
to come into being.

However, with Washington isolated in its opposition to the proposed new
permanent war crimes tribunal in The Hague, other countries have been
stampeding to show their support.

Bosnia, Bulgaria, Cambodia, Ireland, Mongolia, Romania, and Slovakia have
all signalled their intention to deposit articles of ratification today,
which would push the Rome treaty over the threshold for the court to come
into existence. Niger, Jordan and the Democratic Republic of Congo have also
promised to ratify soon. Britain has ratified the treaty. From today Greece
will be the only European Union nation not to have ratified.

"That is exceeding our expectations," Philippe Kirsch, the Canadian chairman
of preparatory negotiations, said. "When we finished the conference in Rome,
the pessimists were saying 20 years and the optimists were saying ten years.
We will be under four years."

The result is that the Rome treaty will come into effect on July 1. After
that date, war criminals will be subject to the jurisdiction of the court.
The court itself is expected to be up and running in offices already set
aside in The Hague in the first three months of next year.

"The court has the potential to be the most important human rights
instrument created in the last 50 years," Richard Dicker, of Human Rights
Watch, said. "Building on Nuremberg, building and carrying further the work
of the Yugoslav and Rwanda tribunals, the court will limit the gross
impunity of the Pinochets, Saddam Husseins and Pol Pots of the future."

In a significant rift with its European allies, the Bush Administration
rejects the jurisdiction of the court and is actively considering
withdrawing former President Clinton's signature from the Rome treaty.

Republican politicians have floated a variety of possible retaliatory
measures in Congress, including one proposal that the United States be
willing to use force to free any American held by the court.

Washington fears that the new court does not have adequate safeguards to
prevent political prosecutions of American soldiers captured abroad. But US
servicemen will still be subject to the court's jurisdiction if their
alleged offences take place on the territory of a nation that has ratified
the treaty.

Iraq has not yet signed the treaty, but if it were to ratify it, US soldiers
participating in any alleged war crimes on Iraqi soil could be liable to
prosecution by the new court.

Israel, which followed the American lead in signing but not ratifying the
treaty, could face similar risk in military actions against any Arab
neighbours that ratify the treaty. Jordan is the only Arab country whose
ratification is considered imminent and there is legal controversy about
whether Palestinians could accede to it.

The court's proponents insist that it will act as a judicial, and not a
political, body. Under the principle of complementarity, the court will act
only when national legal systems are unwilling or unable to do so.
Prosecutions can be initiated only by the UN Security Council, by a
state-party or by an elected prosecutor, who must vet all decisions with a
pre-trial chamber.




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