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Swiss Reject U.S. Bid for Non-Extradition of Citizens to ICC

Washington was pushing hard to negotiate Article 98 agreements with ICC members, Powell

BERN, August 13 (IslamOnline & News Agencies) - Switzerland has refused to sign an immunity pact for U.S. citizens from extradition to the International Criminal Court (ICC), the Swiss Foreign Ministry said on Tuesday, August 13.

The move by Bern follows in the footsteps of the 15-nation European Union's policy, Agence France-Presse (AFP) said.

The United States is vehemently opposed to the court, which it fears will issue war crimes accusations against its soldiers abroad, particularly in UN peacekeeping operations.

Washington last week asked Switzerland to sign an accord to ensure that U.S. servicemen are not hauled in front of the ICC, justifying its request by an article in the treaty establishing the court, dealing with the judicial handling of servicemen stationed abroad.

Switzerland does not host any U.S. soldiers, and "the Foreign Ministry does not see the necessity of concluding such an accord", spokesman Livio Zanolari said.

Too many exceptions to the rules risk weakening the ICC, he said, stressing that Switzerland favors the universal application of the court, AFP reported.

Germany has also refused to negotiate such deals, while Washington has concluded similar accords with Romania and Israel.

Berlin insisted that agreements of that type must be agreed to by the entire European Union.

Following the pact with Romania, the European Commission called on candidate countries for EU membership to not sign accords with the U.S. on the non-extradition of U.S. nationals to the ICC.

The court, the first permanent international tribunal, will hear allegations of genocide and war crimes and was established in the Hague on July 1, 2002. Washington has refused to adhere to the treaty setting it up.

Meanwhile in Washington, Secretary of State Colin Powell said Tuesday that the United States is "not bludgeoning" foreign countries into giving U.S. troops immunity from prosecution by the International Criminal Court (ICC) despite threats to withdraw military aid if they do not.

But Powell said that Washington took the matter seriously and was pushing hard to negotiate Article 98 agreements with ICC members that would exempt U.S. peacekeepers on their territory from the court's jurisdiction.

Powell also noted that the threat to withhold military assistance from countries that do not sign such deals had been mandated by Congress.

"You're well aware of what the Congress has said in the law with respect to the potential withholding of military aid," Powell told reporters after meeting at the State Department with Spanish Foreign Minister Ana Palacio.

"But we're not bludgeoning or threatening any of our friends," he said.

"I hope that all of our friends and allies will view Article 98 as a positive and constructive way of dealing with those concerns," he said.

Article 98 agreements prevent ICC member countries from extraditing U.S. troops to the court.

Under the American Service Members Protection Act which was signed into law by President George W. Bush last week, Washington could withhold military aid from ICC member countries that do not sign such deals, AFP said.

The sanctions, which would include education, training and assistance in financing the purchase of equipment and weaponry, could affect the vast majority of countries that have friendly relations with the United States.

Exceptions are NATO members and major allies such as Australia, Egypt, Israel, Japan and South Korea. Bush can also waive the sanctions against other countries if he deems it in the U.S. national interest, AFP said.

Palacio, standing beside Powell outside the State Department, reiterated the European position.

"Spain is not just Spain, Spain is also European Union," she said, adding that the question would be looked at as a U.S.-EU issue and not a bilateral matter between Washington and European capitals.

 

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