US steps up challenge to a new global court
http://www.independent.co.uk/news/World/Americas/2000-06/uschallenge050600.s
html
By Rupert Cornwell


5 June 2000

The United States and Europe are on a collision course over American efforts
to undermine the authority and independence of the new International
Criminal Court (ICC) ahead of a conference to codify the court's rules of
procedure on 12 June.

The aim of Washington's massive diplomatic campaign, featuring both the
State Department and the Pentagon, is to obtain a guarantee that no American
citizen accused of war crimes, genocide or crimes against humanity could
ever be brought before the ICC. Under the rules sought by the US, the state
of which the suspect is a citizen will have to give its approval for a
prosecution or, in extreme cases, authorisation would be required from the
United Nations – meaning that the US would have the right of veto through
its permanent seat on the Security Council.

The European Union, however, is resisting the pressure, arguing that such an
exemption would reduce the court to toothless impotence. It claims that
measures already in place provide more than enough assurance that ICC rules
will not be manipulated to persecute American nationals.

The ICC, launched under the aegis of the UN and whose founding treaty was
approved by 120 countries in 1998, is seen by human rights groups as the
most important advance for the cause of international justice since the
creation of the UN.

Almost 100 states have signed the treaty, including the entire EU, most
central and south American countries, and 27 African countries. Apart from
the US, the most notable dissidents are Russia, China and the Middle East
countries with the exception of Jordan.

But Washington's hostility is what matters most, forcing a choice between a
strong court actively opposed by the most powerful country in the world and
a much feebler version that America would tolerate.

In a recent letter to European Union foreign ministers, the US Secretary of
State, Madeleine Albright, implied that if her country did not get its way,
it could withdraw from international peace-keeping and humanitarian
missions. Pentagon officials in the past have gone even further, suggesting
that Washington might consider pulling its forces out of Europe.

The ostensible US objection is that it might be subject to "frivolous"
prosecutions by its foes as the world's pre-eminent and thus most resented
power. The more likely reason is entrenched American suspicion of the UN and
all its works.


  news | World  | Americas

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