U.S. wants exemption from criminal court

smith_fan

The Bush administration wants the U.N. Security Council to renew a controversial resolution exempting American peacekeepers from prosecution by the new International Criminal Court.

Two years ago the same resolution was adopted unanimously after the United States threatened to veto U.N. peacekeeping missions, one by one. A year ago, three countries abstained.

This year at least four nations -- Brazil, Spain, Germany and France -- are expected to abstain. But the measure will probably reach the minimum nine votes needed for adoption in the 15-nation council, diplomats said.

Although all 15 European Union nations have ratified the treaty creating the court and are financing most of its costs, close U.S. ally Britain is expected to vote in favour.

As the first permanent global criminal court, the ICC was set up to try perpetrators for the world's worst atrocities -- genocide, mass war crimes and systematic human rights abuses.

The tribunal went into operation in The Hague, Netherlands, this year and is investigating massacres in the Congo and by the brutal Lord's Resistance Army in northern Uganda.

The draft resolution, introduced by the United States on Wednesday, would place U.S. troops and officials serving in U.N.-approved-missions beyond the reach of the court.

Specifically, it would exempt "current or former officials" from prosecution or investigation if the individual comes from a country that did not ratify a 1998 Rome treaty that established the tribunal.

The United States argues it cannot put itself under the jurisdiction of a foreign court it did not authorise and says its many troops abroad would be open to politically motivated prosecutions.

Proponents of the court say that there are enough safeguards in its statutes to protect countries like the United States, which has a functioning judicial system that would take priority over egregious cases.

"It's outrageous, considering everything that has happened to U.S. armed forces in Iraq -- and then to flip it through with less than 48 hours notice," said Richard Dicker, a counsel with the New York-based Human Rights Watch.

Of the 15 Security Council members, Britain, France, Germany, Spain, Brazil, Romania and Benin are among the 94 nations whose legislatures have ratified the treaty creating the court.

Russia, Chile, Algeria, Angola and the Philippines have signed but not ratified it and China and Pakistan have neither signed nor ratified.

The United States, under former President Bill Clinton, was one of 135 nations that signed the treaty, but the Bush administration rescinded the signature.

Source: http://uk.news.yahoo.com/040520/325/eu21h.html
freeyourmind

Well, at first glance this seems complete bullshit (on the side of the Americans), but before I form a rash opinion I'd be interested in knowing more details. Did Bush give a reason at the time for rescinding the signature? And I didn't quite understand, did Clinton sign the Rome treaty of 1998 or are they talking about a different one? Because if a previous administration did approve of creating the court then their excuse becomes much weaker...

As an aside, I'm not sure the UN deserves all these rights of international prosecution. It's essentially a lazy organisation that doesn't deal with the real problems. Something needs to change drastically there, but perhaps that is beside the point at hand.
tHe aRcHeItEcT

I can see the scource link, but S_f how do you find out about all this.......
smith_fan

Originally posted by tHe aRcHeItEcT
I can see the scource link, but S_f how do you find out about all this.......

I read that in the newspaper, then search for an internet link and post it here... :)

FYM, yes Clinton signed that treaty in Rome but Bush rescinded the signature. As far as I know, Bush rescinded the signature because he thinks that his troops abroad would be open to politically motivated prosecutions against US...
:rolleyes:
freeyourmind

Yeah, but if I'm not much mistaken, the Americans said in the article that they cannot accept a treaty that they hadn't taken part in creating. And I think that it also said Clinton took part in creating it... am I just confused?
smith_fan

Originally posted by freeyourmind
Yeah, but if I'm not much mistaken, the Americans said in the article that they cannot accept a treaty that they hadn't taken part in creating.

umm...where did you get that? :huh:

The United States argues it cannot put itself under the jurisdiction of a foreign court it did not authorise and says its many troops abroad would be open to politically motivated prosecutions.

Bush did not authorise the foreign court, however Clinton did at least sign the treaty


The United States, under former President Bill Clinton, was one of 135 nations that signed the treaty(...)
freeyourmind

The draft resolution, introduced by the United States on Wednesday, would place U.S. troops and officials serving in U.N.-approved-missions beyond the reach of the court.

Specifically, it would exempt "current or former officials" from prosecution or investigation if the individual comes from a country that did not ratify a 1998 Rome treaty that established the tribunal.

The United States, under former President Bill Clinton, was one of 135 nations that signed the treaty, but the Bush administration rescinded the signature.

I don't know. Maybe I'm just confused, but what I understood from the above quotes was that the that the US wanted exemption since they weren't part of the 1998 treaty when in actualitry they were part of it and only later rejected it... is there a contradiction here or do I not know what I'm talking about?
I just think there needs to be a difference between commitements of a country and a country's administarion. Bah.
HomoUniversalis

Clinton signed it, and Bush later 'unsigned it'. A lot of the good stuff Clinton did for the international community was later undone by Bush. Hope that cleared it up :).

Mr U
freeyourmind

Afraid not. It's just that it seems to me that the Americans claim that they can't accept the treaty they haven't signed, when in actual fact they have signed it and only later rejected it - I think it shows that different interests may be at work here... Bah, forget it. I don't understand what's going on here and it's not interesting enough for me to investigate further :P

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this is interesting...Worldwide press freedom index - iraqi Abuse and Murder



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