THE AMERICAS:
By Judy Dempsey in Brussels
Financial Times; Oct 01, 2002
Certain US citizens will receive protection from the new International Criminal Court (ICC) after Europe's foreign ministers gave the green light yesterday to limited bilateral accords between signatories of the ICC and Washington.
However, diplomats said the "guiding principles" agreed by European Union ministers in an attempt to head off another transatlantic dispute would fail to sat isfy the administration of US president George W. Bush. It would also fail to stop member states signing separate accords with Washington.
The US, a non-signatory to the ICC, has already signed accords with 12 countries, including Israel and Romania, since the court came into force three months ago. These accords protect any US citizens from being handed over to the ICC, set up to prosecute those who have allegedly committed war crimes and crimes against humanity.
"The Europeans have left the door open to member states to conclude bilateral accords with the US," said a senior non-EU diplomat. "Although they have the desire to uphold the integrity of the court, they have unwittingly undermined it."
Richard Dicker, legal expert at the independent Human Rights Watch, said ministers had "signalled a retreat" by falling short of establishing a strong common position for the court.
British officials said London was "still considering signing an accord with the US", but under the EU's principles agreed yesterday. Italy has already indicated it would do the same.
US officials, however, said it was unlikely the Bush administration would accept the principles as a precondition for any ICC signatory opting to sign a bilateral accord with Washington.
Under the terms of the principles, there would be no impunity for ICC signatories from the court. The accords with Washington would not be reciprocal: the party signing the agreement with the US would not have its nationals exempt from ICC prosecution. The accord should only apply to people such as military or official personnel "sent" abroad by the US.
"There are our red lines provided by our lawyers," said Per Stig Moller, foreign minister of Denmark and holder of the EU's rotating presidency. Chris Patten, the EU's external affairs commissioner, said he hoped the US would agree to the guidelines since they met all of Washington's concerns.
But US officials said Washington would be hard-pressed to accept any proposal that did not extend blanket immunity from ICC prosecution for all its citizens.
Sowas koennt mich aufregen, und natuerlich sind die Italiener und Briten wieder vornedran die EU zu unterminieren :-((
cowboy.webb
By Judy Dempsey in Brussels
Financial Times; Oct 01, 2002
Certain US citizens will receive protection from the new International Criminal Court (ICC) after Europe's foreign ministers gave the green light yesterday to limited bilateral accords between signatories of the ICC and Washington.
However, diplomats said the "guiding principles" agreed by European Union ministers in an attempt to head off another transatlantic dispute would fail to sat isfy the administration of US president George W. Bush. It would also fail to stop member states signing separate accords with Washington.
The US, a non-signatory to the ICC, has already signed accords with 12 countries, including Israel and Romania, since the court came into force three months ago. These accords protect any US citizens from being handed over to the ICC, set up to prosecute those who have allegedly committed war crimes and crimes against humanity.
"The Europeans have left the door open to member states to conclude bilateral accords with the US," said a senior non-EU diplomat. "Although they have the desire to uphold the integrity of the court, they have unwittingly undermined it."
Richard Dicker, legal expert at the independent Human Rights Watch, said ministers had "signalled a retreat" by falling short of establishing a strong common position for the court.
British officials said London was "still considering signing an accord with the US", but under the EU's principles agreed yesterday. Italy has already indicated it would do the same.
US officials, however, said it was unlikely the Bush administration would accept the principles as a precondition for any ICC signatory opting to sign a bilateral accord with Washington.
Under the terms of the principles, there would be no impunity for ICC signatories from the court. The accords with Washington would not be reciprocal: the party signing the agreement with the US would not have its nationals exempt from ICC prosecution. The accord should only apply to people such as military or official personnel "sent" abroad by the US.
"There are our red lines provided by our lawyers," said Per Stig Moller, foreign minister of Denmark and holder of the EU's rotating presidency. Chris Patten, the EU's external affairs commissioner, said he hoped the US would agree to the guidelines since they met all of Washington's concerns.
But US officials said Washington would be hard-pressed to accept any proposal that did not extend blanket immunity from ICC prosecution for all its citizens.
Sowas koennt mich aufregen, und natuerlich sind die Italiener und Briten wieder vornedran die EU zu unterminieren :-((
cowboy.webb
