11 July 2002
Security Council Discussing U.S. Draft on Peacekeeper Immunity
(U.S. offers new proposal on immunity for U.S. peacekeepers) (800)
By Judy Aita
Washington File United Nations Correspondent
United Nations -- The Security Council July 11 continued closed-door
negotiations on a draft resolution designed to address U.S. concerns
over American peacekeepers potentially being subject to charges by the
new International Criminal Court (ICC).
The latest proposal was drafted by U.S. diplomats using a provision in
the Rome Statute, which establishes the court, "as we were urged to do
by other council members," U.S. Ambassador John Negroponte said July
10 before presenting the text to the council.
"Although we do not recognize the jurisdiction of the ICC and do not
intend to become party to the Rome Statute, we do not question the
good intentions of its architects," Negroponte said during a day-long
debate of the issue July 10. "We respect the obligations of those
states that have ratified the Rome Statute."
"Indeed, in the proposals we have put forward before this council we
have sought to work within the provisions of that statute. We hope
that other states, in turn, will respect our concerns about our
peacekeepers," the ambassador said.
"We urge other delegations to consider this balanced solution and work
with us on a practical way forward," he said.
Council President Jeremy Greenstock of the United Kingdom said that
the latest U.S. draft is "a very fair basis for discussion" and he
hoped the council would be able to vote in a few days. In the
meantime, France proposed changes to the U.S. text.
On July 10 the council held a public debate in which about 40
countries participated, all of which but the U.S. were critical of the
U.S. position. Canada, which called for the meeting but is not a
member of the 15-nation Security Council, said that at issue are
fundamental principles of international law, many of which were
affirmed at the post-World War II Nuremberg trials.
"The issue is not a choice between peacekeeping and the ICC; options
exist to resolve this issue that provide for the continuation of U.N.
peacekeeping and that preserve the integrity of the international
legal system and of the Rome Statute. Those options should be used,"
said Canadian Ambassador Paul Heinbecker.
The introductory paragraphs of the new U.S. draft take note that
states party to the Rome Statute have chosen to accept the court's
jurisdiction and that states not party to the statute "will continue
to fulfill their responsibilities in their national jurisdictions in
relation to international crimes."
The draft would have the council invoke Article 16 of the Rome
Statute, so that "the ICC for a 12-month period shall not commence or
proceed with any investigations or prosecutions involving current or
former officials or personnel from a contributing state not a party to
the Rome Statute for acts or omissions relating to U.N. established or
authorized operations."
The council would also renew the request each July 1 for a 12-month
period.
Negroponte said that the U.S. believes the draft "is consistent with
both the terms of Article 16 and with the primary responsibility of
the Security Council for maintaining international peace and
security."
The draft resolution "is consistent with the obligations of all U.N.
member states, including those party to the Rome Statute, that
provides the protections we seek, and that strengthens the capacity of
the United Nations to carry out peace operations," the ambassador
said.
The United States has been adamant that U.S. peacekeepers not come
under the jurisdiction of the ICC. U.S. diplomats began lobbying for a
resolution or clause in other resolutions to address U.S. concerns in
May. When no solution was found, in late June the U.S. vetoed the
six-month extension of the U.N. Mission in Bosnia-Herzegovina
(UNMIBH). The mission has a technical extension until July 15 to see
if a compromise can be found.
The council also will have to renew the mandates of 14 other
peacekeeping operations, four of which come due later in July.
The United States wants to participate in international peacekeeping,
Negroponte told the council in previous debates, but it will not ask
U.S. personnel to accept the risks and dangers involved in
peacekeeping, and then expect them "to accept the additional risk of
politicized prosecutions before a court whose jurisdiction ... the
United States does not accept."
The International Criminal Court, which was established by treaty to
prosecute war crimes, genocide or crimes against humanity, came into
force July 1. The Rome Statute, as the treaty is called, has been
signed by 139 countries and ratified by 76.
(The Washington File is a product of the Office of International
Information Programs, U.S. Department of State. Web site:
http://usinfo.state.gov)
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