| Canada should oppose U.S. efforts seeking immunity from International Criminal Court News Release: July 3, 2002 |
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| Ottawa – Canada should continue to oppose U.S. efforts at the United Nations Security Council aimed at obtaining immunity for peacekeepers from the jurisdiction of the International Criminal Court. “Canada has been a leader in the creation of the ICC and chairs the meetings taking place this week of the UN Preparatory Commission for the ICC. Canada is also an important contributor to UN peacekeeping efforts ,” said Fergus Watt, Executive Director of the World Federalists of Canada. “Canada’s views will be critical to the current impasse at the Security Council. Canada has said publicly that no government should be given immunity or preferential treatment for its nationals by the Court and there is no reason to change that view.” As the Council enters extended discussions aimed at renewing a mandate for UN peace operations in Bosnia-Herzegovina, the United States is seeking guarantees that no peacekeepers will ever be investigated or prosecuted by the International Criminal Court. Two new proposals have reportedly been circulated by the United States and the United Kingdom. According to sources at the NGO Coalition for the ICC (CICC), the new proposals would add a clause to a draft general resolution that is reportedly as follows: Acting under Chapter 7 of the UN Charter: Requests pursuant to Art. 16 of the Rome Statute, that the ICC defer for a twelve month period investigations or prosecutions involving current and former officials and personnel from a contributing state (not a party to the Rome Statute) for acts arising out of UN established or authorized operations, and decides that, for such acts occurring during such 12 month period, such states shall have and retain jurisdiction to investigate and prosecute. The second paragraph reportedly put forward by the USA or based on a proposal by the USA is: 2. Decides by this resolution, in accordance with the requirements of Article 16, that on July 1st of each successive year, the request for the deferral and the decision, as contained in paragraph 1, shall be renewed and extended to include acts that occurred during successive 12 month periods thereafter, unless the Security Council decides otherwise, and directs the Secretary General to communicate these requests to the ICC. According CICC Coordinator Bill Pace, “These proposals would gravely undermine the effectiveness and integrity of the Rome Statute for ICC, as well as the entire treaty-making process of the United Nations. These proposals represent an affront to international law and the rule of law.” “We are concerned now that another permanent member (UK) is advancing a proposal that represents a serious threat to vital issues of principle in the Rome Statute and in international law. Both paragraphs, separately or together, would, in effect, amend the Rome Statute and the jurisdiction of the Court, by means of a Security Council resolution,” said Pace. The Rome Statute is a treaty that has been signed by 139 states and ratified by 76 states. The UN Charter requires that all UN Member States must implement Chapter VII Security Council resolutions. If the US resolutions were adopted, it could force all countries that have ratified the Rome Statute to breach their treaty obligations. This would set a disastrous precedent under which the Security Council could, in effect, change any treaty it wished through a Security Council resolution. This would severely undermine the treaty-making process, as well as the credibility and effectiveness of the Security Council. These new proposals undermine the Rome Statute for the ICC; they undermine the UN treaty-making system, they undermine peacekeeping; and they undermine international law and the rule of law. The future of the Court as an independent institution, the integrity of the Rome Statute and international justice are at stake. World Federalists call on Canada to oppose these proposals in the strongest terms. FOR MORE INFORMATION: William Pace, Convenor, NGO Coalition for the ICC, Tel: 1-917-214-5535 or 212-687-2176 Fergus Watt, Executive Director, World Federalists of Canada, Tel: 613-232-0647 |
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