06 May 2002
Text: Rumsfeld Says World Court Treaty Lacks Checks, Balances
(ICC dilutes U.N. Security Council authority, he says) (990)
Defense Secretary Donald Rumsfeld says the United States has a number
of serious concerns about the newly created International Criminal
Court (ICC).
In a statement issued May 6, Rumsfeld said the ICC lacks adequate
checks and balances on its prosecutors and judges; dilutes the U.N.
Security Council's authority over the international criminal
prosecutors; and lacks "any effective mechanism to prevent politicized
prosecutions of American service members and officials."
"We want to make clear that the United States rejects the purported
jurisdictional claims of the ICC -- and the United States will regard
as illegitimate any attempt by the court, or state parties to the
treaty, to assert the ICC's jurisdiction over American citizens," he
said in a prepared statement May 6.
In 1998, a U.N. conference in Rome of diplomatic representatives from
160 countries adopted a treaty, known as the "Rome Statute," which
creates a permanent International Criminal Court. Previously,
tribunals were created for special situations -- such as the genocide
committed in 1994 in Rwanda, and war crimes committed in the former
Yugoslavia. The new court was created as a permanent forum to try
cases involving charges of genocide, crimes against humanity, war
crimes and crimes of aggression.
When President Clinton signed the treaty December 31, 2000, he
reiterated U.S. concern over "significant flaws" in the accord, but
said he hoped that signing it would give the United States an
opportunity to help fix what was wrong. U.S. officials say this did
not prove to be the case. Clinton said then that he would not send the
treaty to the U.S. Senate for ratification in its original form, and
recommended to the incoming Bush administration that it also not send
it forward to the Senate.
By April 11, 66 nations had sent instruments of ratification to the
U.N., which will cause the ICC to enter into force on July 1.
Following is the text of Rumsfeld's remarks:
(begin text)
U.S. Department of Defense
Washington, D.C.
May 6, 2002
SECRETARY RUMSFELD STATEMENT ON THE ICC TREATY
Earlier today, this administration announced the president's decision
to formally notify the United Nations that the United States will not
become a party to International Criminal Court treaty. The U.S.
declaration, which was delivered to the secretary-general this
morning, effectively reverses the previous U.S. government decision to
become a signatory.
The ICC's entry into force on July 1st means that our men and women in
uniform -- as well as current and future U.S. officials -- could be at
risk of prosecution by the ICC. We want to make clear that the United
States rejects the purported jurisdictional claims of the ICC -- and
the United States will regard as illegitimate any attempt by the
court, or state parties to the treaty, to assert the ICC's
jurisdiction over American citizens.
The United States has a number of serious objections to the ICC --
among them, the lack of adequate checks and balances on powers of the
ICC prosecutor and judges; the dilution of the U.N. Security Council's
authority over international criminal prosecutions; and the lack of
any effective mechanism to prevent politicized prosecutions of
American service members and officials.
These flaws would be of concern at any time, but they are particularly
troubling in the midst of a difficult, dangerous war on terrorism.
There is the risk that the ICC could attempt to assert jurisdiction
over U.S. service members, as well as civilians, involved in
counter-terrorist and other military operations -- something we cannot
allow.
Notwithstanding these objections to the treaty, the United States
respects the decision of those nations that have chosen to join the
ICC. But they, in turn, will need to respect our decision not to join
the ICC or to place our citizens under the jurisdiction of the court.
Unfortunately, the ICC will not respect the U.S. decision to stay out
of the treaty. To the contrary, the ICC provisions claim the authority
to detain and try American citizens-U.S. soldiers, sailors, airmen and
Marines, as well as current and future officials -- even though the
United States has not given its consent to be bound by the treaty.
When the ICC treaty enters into force this summer, U.S. citizens will
be exposed to the risk of prosecution by a court that is unaccountable
to the American people, and that has no obligation to respect the
constitutional rights of our citizens. The United States
understandably finds that troubling and unacceptable.
Clearly the existence of an International Criminal Court, which
attempts to claim jurisdiction over our men and women in uniform
stationed around the world, will necessarily complicate U.S. military
cooperation with countries that are parties to the ICC treaty --
because those countries may now incur a treaty obligation to hand over
U.S. nationals to the court, even over U.S. objections. The United
States would consider any such action to be illegitimate.
We obviously intend to avoid such actions. Fortunately there maybe
mechanisms within the treaty by which we can work bilaterally with
friends and allies, to the extent they are willing, to prevent the
jurisdiction of the treaty and thus avoid complications in our
military cooperation. Obviously, countries that have not ratified the
treaty would be under no such obligation to cooperate with the court.
By putting U.S. men and women in uniform at risk of politicized
prosecutions, the ICC could well create a powerful disincentive for
U.S. military engagement in the world. If so, it could be a recipe for
isolationism-something that would be unfortunate for the world, given
that our country is committed to engagement in the world and to
contributing to a more peaceful and stable world.
For a strong deterrent, it is critical that the U.S. be leaning
forward, not back. We must be ready to defend our people, our
interests, and our way of life. We have an obligation to protect our
men and women in uniform from this court and to preserve America's
ability to remain engaged in the world. And we intend to do so.
(end text)
(Distributed by the Office of International Information Programs, U.S.
Department of State. Web site: http://usinfo.state.gov)
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