13 July 2002
Envoy Says U.S. Pleased with Immunity Compromise for UN Peacekeepers
(Negroponte: Resolution "a first step" in protecting Americans)
By Judy Aita
Washington File United Nations Correspondent
United Nations -- The Security Council July 12 voted unanimously to
adopt a resolution exempting members of U.N. peacekeeping missions
from prosecution by the new International Criminal Court (ICC) for one
year.
The exemption applies to peacekeepers from countries such as the
United States that do not accept the ICC's jurisdiction. The
exemption, which had been sought by the United States, came after
weeks of intense negotiations with council members who feared the
effort would override the Rome Statue that set up the court, and did
not want to see the court weakened.
Immediately after the ICC vote, the council renewed the mandates of
the U.N. Mission in Bosnia-Herzegovina (UNMIBH) and the U.N. Mission
of Observers in Prevlaka (UNMOP) which had been tied up in the ICC
negotiations. The two operations would have ended July 15 if some
agreement on the ICC had not been reached.
U.S. Ambassador John Negroponte said after the vote that, for the
United States, the resolution was a "first step" and would be followed
by U.S. efforts over the next year to secure bilateral agreements
under the Rome Statute to ensure that nations do not arrest Americans
who are current or former peacekeepers or officials of U.N. missions.
"The President of the United States is determined to protect our
citizens --soldiers and civilians, peacekeepers and officials -- from
the International Criminal Court," Negroponte said. "We are especially
concerned that Americans sent overseas as soldiers, risking their
lives to keep the peace or to protect us all from terrorism and other
threats, be themselves protected from unjust or politically motivated
charges."
"Should the ICC eventually seek to detain any American, the United
States would regard this as illegitimate -- and it would have serious
consequences," the ambassador said. "No nation should underestimate
our commitment to protect our citizens."
Referring to the fact that the two Balkan missions might have been
terminated if no agreement had been reached on the ICC, Negroponte
emphasized the importance of the immunity for U.S. peacekeepers,
saying that "at risk were the peacekeeping activities of the United
Nations, in the first instance in Bosnia, but ultimately throughout
the globe."
Acting under Article 16 of the Rome Statute, the resolution (no. 1422)
says that "if a case arises involving current or former officials or
personnel from a contributing state not a party to the Rome Statute
over acts or omissions relating to a United Nations established or
authorized operation, [the ICC] shall for a 12-month period starting
July 1, 2002 not commence or proceed with investigations or
prosecution" unless the Security Council decides otherwise.
The council also expressed its intention to renew the same request for
a 12-month immunity each July 1 "for as long as may be necessary."
The resolution was adopted under Chapter VII which allows for
enforcement.
Talking with journalists after the vote, Negroponte said that the
United States intends "to seek renewal of this resolution on an annual
basis."
The ambassador said that the United States would have preferred
blanket immunity, but the resolution "achieves the kind of protection
for a one-year period that we were seeking."
Secretary General Kofi Annan said in a statement issued through his
spokesman that he was "deeply gratified that members of the Security
Council have resolved the difficult issue that they faced and have
been unanimous in their decision."
Annan said that his main concerns had been for the integrity of the
United Nations Charter, the Statute of the International Criminal
Court, and of treaty law as well as the unity of the Security Council
and the preservation of U.N. peacekeeping operations.
French Ambassador Jean-David Levitte said that he was satisfied that
the authority of the ICC was upheld.
"For us what was paramount was the authority of the newborn
International Criminal Court," said Levitte, who had submitted
amendments to the U.S. original draft resolution. "There is no blanket
immunity given to peacekeepers or soldiers participating in operations
authorized by the Security Council. There is no preventive, permanent
and general immunity and this for us is what is most important."
British Ambassador Jeremy Greenstock, president of the Security
Council for the July, said that the resolutions was a "significant
achievement."
"Two important institutions, the newly born International Criminal
Court and its integrity, and United Nations peacekeeping, with the
full contribution of all United Nations members have been preserved,"
Greenstock said.
The court was set up by the 1998 Rome Statute to prosecute war crimes,
genocide, and crimes against humanity when a nation is unable or
unwilling to take action. It went into effect July 1, 2002, after 76
of the treaty's 139 signatories ratified it.
Negroponte pointed out that the United States "does not oppose special
tribunals to prosecute international offenses, and indeed has been a
key supporter of them."
"The American system of justice can be trusted to punish crimes,
including war crimes or crimes against humanity committed by an
American -- and we pledge to do so. But we do not believe the
International Criminal Court contains sufficient safeguards to protect
our nationals, and therefore we can never in good conscience permit
Americans to become subject to its authority," the ambassador said.
(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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