Row over US ‘threat’ to international court

Date: 06/07/2000

By Simon Taylor

EU GOVERNMENTS are fighting to prevent the US from watering down the powers of a planned international court to try war criminals, despite a split within their own ranks.

Washington is pushing for American soldiers to be exempted from the tribunal's jurisdiction, amid fears that its military forces could be subject to politically motivated trials in countries hostile to the US.

But human rights campaigners have warned that giving Washington special treatment could threaten the court's impartiality and thereby damage its reputation - and are urging Union governments to continue their efforts to block the move. However, the EU's attempts to resist the US" demands are being hampered by the British government, which is searching for a way to address Washington's concerns.

Portugal tried to forge a consensus between member states on the issue during its presidency of the Union, but was prevented from striking a formal agreement by London, which argued that American fears could be addressed without undermining the tribunal's effectiveness.

However, campaign group Human Rights Watch (HRW) insists that the EU has a vital role to play in ensuring the new court's credibility and must continue to resist Washington's calls for special treatment.

At talks in the United Nations last week, 39 of 45 delegations rejected a text drawn up by the US which would have restricted the power of the court to request the handover of suspects. The move was welcomed by HRW campaign director Richard Dicker, who said: "The US proposal would have made the court vulnerable to pressure from all sides, which would undoubtedly weaken its authority."

The US had argued that decisions on whether suspects should be handed over should depend on a range of bilateral agreements between the court and individual countries, NATO and the UN. Portugal, speaking on behalf of the EU, criticised Washington's attempts to secure extra concessions, but Dicker warned that "governments will have to prepare for another assault in November" when the next set of talks on the court are scheduled to take place.

The US administration is under intense pressure from Congress to sever links with the court on the grounds that it would interfere with the ability to conduct foreign policy and clash with rights enshrined in the American constitution.

Governments decided to create an international court in November 1998 to try individuals accused of war crimes, genocide and crimes against humanity. The aim is to create a permanent body to deal with such cases instead of relying on ad hoc tribunals such as those set up to deal with crimes in former Yugoslavia and Rwanda.

EU governments are fighting to prevent the US from watering down the powers of a planned international court to try war criminals, despite a split within their own ranks.