US demands immunity from Int'l Court for Kosovo

Michael Pollak mpollak at panix.com
Wed Jul 21 20:20:02 PDT 1999


U.S. official states reservations over authority of proposed

international court

Copyright © 1999 Nando Medi

Copyright © 1999Scripps McClatchy Western Service

By GREG GORDON, Nando Washington Bureau

WASHINGTON (July 21, 1999 2:03 a.m. EDT http://www.nandotimes.com) - A

senior State Department official told a Senate subcommittee Tuesday

that the United States will refuse to sign a treaty creating an

International Criminal Court unless actions such as the recent NATO

bombing of Serbian factories are immune from prosecution.

But Sen. Rod Grams, R-Minn., the subcommittee chairman, said after

listening to testimony at a closed-door hearing that he worries the

administration might yet agree to a treaty exposing U.S. citizens to

legal action.

David Scheffer, the U.S. ambassador-at-large for war crimes, declined

to talk about the specifics of his 90-minute appearance. But Scheffer

said the administration still has "a fundamental problem" with the

treaty creating the court.

"Kosovo is a good example of the risks that the United States and

other NATO governments could be exposed to for prosecution if this

treaty is not fixed," he said.

The treaty, signed in Rome a year ago by 83 nations, would create a

permanent, free-standing court to prosecute crimes of genocide, crimes

against humanity, war crimes and the yet-to-be-defined "crime of

aggression."

The court would have authority similar to that of the Yugoslav War

Crimes Tribunal, which indicted Yugoslav President Slobodan Milosevic,

and the Rwanda War Crimes Tribunal.

Only three of the necessary 60 governments have ratified the treaty,

though as many as 175 nations are due to resume negotiations over its

final provisions, including definitions of the elements of crimes, at

a meeting next week in New York City.

The United States and Turkey are the only members of the North

Atlantic Treaty Organization that have yet to sign the treaty.

Scheffer said that proponents argue that creating such a body would

"avoid the need of having to create a new ad hoc tribunal every time

there is a conflict in the world - a very difficult exercise."

He said the court also would serve as "a longstanding deterrent to the

commission of these crimes."

Administration officials had eagerly pursued the treaty, but Scheffer

said they were "very disappointed" in the document drafted in Rome.

"We believe this treaty can be fixed, but it's going to require a lot

of hard work, a lot of diplomacy, and a better appreciation on the

part of all concerned as to the importance of the U.S. role, not only

in the world, but also in how this court would function," he said.

In an opening statement drafted for delivery at the hearing, Grams

noted that human-rights organizations have said that NATO's use of

cluster bombs and the bombings of Serbian power plants, factories and

broadcast facilities were possible violations of the Geneva

Convention.

"And technically, they may be right," Grams said. "We may have

violated international law. But we didn't have to fear indictment by

the Yugoslav Tribunal. ... If the (court) were up and running, it

would be a different story."

Grams said that during the hearing, Scheffer assured him the United

States would not sign any treaty that would compromise "official" U.S.

actions.

He said he worries that administration officials might abandon a

laundry list of other concerns because they are "wanting so to sign

this treaty so badly."

Copyright © 1999 Nando Media

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