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U.S. Insists on Immunity from ICC, Threatens to Stop Funds

U.S. doesn’t want its troops abroad to be tried by the ICC

UNITED NATIONS, July 11 (IslamOnline & News Agencies) - The United States offered a new compromise to the U.N. Security Council Wednesday, July 10, in a move to end the deadlock caused by the U.S. refusal to ratify the International Criminal Court (ICC) unless its forces are granted immunity.

The new proposal came after almost six hours of criticisms and pleas from 35 countries for a change in the U.S. position, in an open special session of the council Wednesday, Agence France-Presse (AFP) reported.

The United States has threatened to oppose the renewal of U.N. peacekeeping operations in Bosnia unless U.S. peacekeepers are exempted from prosecution under the ICC’s jurisdiction.

In an unprecedented move, the United States on May 6 withdrew its signature from the treaty setting up the ICC based on its unwillingness to allow its nationals to be tried outside of U.S. jurisdiction.

In the new draft, the United States proposes that immunity be granted on a yearly basis, and be subject to an annual Security Council vote. Initially it had insisted on exemption for non-signatory countries be renewed automatically.

British ambassador to the United Nations, Jeremy Greenstock, who holds the revolving council presidency, said Wednesday that council members now “wish to send the text back to their capitals to take instruction.”

Canada’s ambassador to the world body, Paul Heinbecker, the first to speak at Wednesday’s session, warned against any compromise that would place U.S. peacekeepers outside the realm of prosecution by the court.

The United States funds around 25% of the 2.77 billion-dollar peacekeeping budget and has threatened to withdraw some or all of the money over the ICC issue. Most of the 704 troops committed by the United States to the 15 current U.N. peacekeeping missions are attached to the police-training operations in Bosnia, according to U.N. statistics.

Negroponte had vetoed the renewal of the Bosnian mission known as UNMIBH at the end of June in protest over the ICC, but two extensions have since been granted as the council works to resolve the dispute.

“We respect the obligations of those states that have ratified the Rome Statute,” a total of 76 nations, Negroponte said Wednesday. “We hope that other states, in turn, will respect our concern about our peacekeepers.”

One diplomat, speaking on condition of anonymity, said Wednesday that the new U.S. proposal may pose problems. Blanket immunity, he said, would be hard to endorse, but it may be done on a case-by-case basis.

The United States has also proposed to effectively block any action by the court unless it is approved by the 15-member council, on which the United States has a permanent seat, based on Article 16 of the court’s founding statute.

But the U.S. “misunderstanding and unfounded fears” of the court’s statutes and purpose are threatening the very existence and “achievements” of peacekeeping missions, said South Africa’s ambassador Dumisani Kumalo.

He underscored the importance of such missions to the African continent, where four of the U.N.’s 15 current deployments worldwide are in the Democratic Republic of Congo; Ethiopia/Eritrea; Sierra Leone; and Western Sahara.

Former U.S. president Bill Clinton was one of 139 heads of state to sign the Treaty of Rome setting up the permanent war crimes court to try defendants whose home countries do not have satisfactory judicial infrastructure.

Although U.S. ambassador to the U.N. John Negroponte reaffirmed the importance Washington attaches to peace and security worldwide, he stressed that the “legal position of peacekeepers and the states contributing to them has been an issue throughout the history of peacekeeping.”

This has been “an important consideration for the governments that must decide whether... to help out in unexpected crises or emergency situations, as the United States is frequently asked to do,” he said.

The ICC is the first permanent court to try war crimes, crimes against humanity and genocide. It was set up in The Hague July 1 and is due to start work in approximately one year.

The U.S. has forces in many areas in the world, including Afghanistan where there has recently been accusations of crimes committed by U.S. soldiers against Afghani civilians.

See also: Anti-ICC U.S. to Face U.N. Rejection of Immunity for Its Peacekeepers  

 

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