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US Withdraws Draft For UN Immunity For Soldiers

Annan has voiced his opposition of the US draft resolution

UNITED NATIONS, June 24 (IslamOnline.net & News Agencies) - After facing a strong opposition fuelled by the Iraq abuse scandal, the United States withdrew a UN resolution to guarantee American soldiers immunity from the new International Criminal Court (ICC).

Meanwhile, the Washington Post, quoting unnamed US officials, reported Thursday, June 24, that the Bush administration has decided to take the unusual step of bestowing on its own troops and personnel immunity from prosecution by Iraqi courts for killing Iraqis or destroying local property after the occupation ends and political power is transferred to an interim Iraqi government.

"The administration plans to accomplish that step - which would bypass the most contentious remaining issue before the transfer of power - by extending an order that has been in place during the year-long occupation of Iraq.

"Order 17 gives all foreign personnel in the US-led Coalition Provisional Authority immunity from "local criminal, civil and administrative jurisdiction and from any form of arrest or detention other than by persons acting on behalf of their parent states," according to the Post.

The issue of immunity to US-British occupation troops in Iraq has been extensively receiving covering by US and British media since last May.

The Bush administration pulled out the resolution Wednesday, June 23, to renew an exemption from the court after it failed to get enough votes in the U.N. Security Council.

Members cited worldwide anger over the Iraqi prisoners' abuse scandal and strong opposition from UN Secretary-General Kofi Annan, Reuters reported.

The United States has rarely faced such opposition in the Council, with the notable exception of its attempt to get UN endorsement for the invasion of Iraq last year.

But the U.S. abuse of detainees in Iraq made it difficult for members to extend the resolution for the third time, even though none of the abuse cases could be brought before the court.

Algeria's UN Ambassador Abdallah Bali said the Iraqi scandal "had a strong impact on many delegations."

And Chilean Ambassador Heraldo Munoz said Annan's statements had "a very important impact on many delegations."

Annan toughened opposition to the resolution last week when he asked Council members to reject the measure, saying it undermined international law and sent an "unfortunate signal any time - but particularly at this time."

France, Germany, Spain, Brazil, Chile and China had said they would abstain on the original resolution, and Romania and Benin had indicated they were likely to join them.

Damaging Abuse-Related Documents

U.S. officials would "take into account" the lack of a resolution "when determining contributions to UN authorized or established operations," said Cunningham

The about-turn at the UN came less than 24 hours after the White House released secret internal documents saying that US Defense Secretary Donald Rumsfeld had approved the use of aggressive interrogation techniques, such as the use of stress positions, forced nudity and dogs in the infamous detention prison in Guantanamo Bay, the Independent said Thursday, June 24.

The move underlines how, despite the punishment being meted out to the Abu Ghraib guards involved in the abuse, the scandal continues to damage the Bush administration, the British daily added.

The Washington Post had unveiled earlier in June that the Justice Department advised the Pentagon that torturing detainees outside the United States "may be justified".

A US soldier making her presence in most of the Iraqi abuse photos had said she was "instructed" by her commanders to pose for photographs with naked Iraqi detainees.

Threats

The withdrawal was a victory for strong advocates of the court, such as France, Germany, Brazil and Spain. Among European Union members on the Council, only close U.S. ally Britain was prepared to vote in favor. Some 139 nations have signed a treaty creating the court and 94 have ratified it.

William Pace, head of the Coalition for an International Criminal Court, which represents more than 1000 organizations supporting the tribunal, called the US decision "a victory for international justice". 

The United States in the past had threatened to shut down U.N. peacekeeping missions and in 2002 actually vetoed one when the Council hesitated in approving the resolution.

"We will have to examine each of these missions case by case," State Department spokesman Richard Boucher said in Washington.

"We will have to look at it in terms of staffing, providing Americans to participate in peacekeeping missions, what the risk might be of prosecution by a court to which we're not party."

James Cunningham, the US deputy Ambassador, who announced the US decision, would not comment on future US actions.

He said officials would "take into account" the lack of a resolution "when determining contributions to UN authorized or established operations."

At the same time diplomats said the United States might have difficulties curtailing UN missions at a time it was seeking troops to help in Iraq and had a strong interest in operations in Liberia, Haiti and a future venture in Sudan.

The ICC, which started operating a year ago in The Hague, Netherlands, was created to try individuals for the world's worst atrocities - genocide, war crimes and systematic human rights abuses.

It is a tribunal of last resort and would only hear cases of individuals from a country that refused or was unable to press charges, making it unlikely an American would be tried.

But the Bush administration, backed by Congress, wants airtight guarantees and allegedly fears politically motivated prosecutions. In the last two years, Washington has signed 90 bilateral agreements with countries that pledge not to prosecute US officials abroad.

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