| International Criminal Court Gets Off the Ground Despite U.S. Opposition August 23, 2002 MEDIA ADVISORY |
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| • Major U.N. meeting, September 3 – 10, launches establishment of ICC • Canada expected to nominate a judge • NGOs call for transparency in election of judges and prosecutor • U.S. steps up campaign to undermine court OTTAWA – As major procedural steps are taken to launch the International Criminal Court (ICC), the United States is stepping up its campaign to exclude American citizens from the court’s authority. The U.S. position is opposed by Canada. The first meeting of countries that are party to the ICC treaty, the Assembly of States Parties (ASP) of the International Criminal Court, takes place September 3 - 10 at the United Nations in New York. This meeting will launch activities that should see the Court in operation by the spring of 2003. The court will be the world’s first permanent judicial body to try persons accused of genocide, war crimes and crimes against humanity. The ASP will adopt a number of reports dealing with procedural rules, financing, the relationship between the court and the U.N., and a first-year budget. The meeting also will discuss procedure for electing the court’s 18 judges and prosecutor. Canada has been a leader in the creation of the court and is widely expected to nominate at least one candidate for judge. NGOs have called for greater transparency and consultation in the process for selecting the court’s first elected officials -- its judges and prosecutor. U.N. appointments too often are characterized by back-room vote trading, bribery and political payoffs. “The first elected officials will bear tremendous responsibility in establishing the credibility and moral authority of the court,” said William Pace, convener of the more than 1,000-member Coalition for the ICC. On the eve of the ASP, the U.S. government has stepped up its efforts to undermine the court. The U.S. strongly opposes the ICC and fears hostile nations may abuse the court to bring politically motivated cases against Americans. Because of its opposition to the court, the U.S. had threatened to veto the renewal of U.N peacekeeping missions worldwide. A compromise negotiated between the U.N. and the U.S. in July provides a one-year suspension of investigations or prosecutions by the ICC of any U.S. peacekeepers accused of war crimes while on U.N.-approved missions. However, in recent weeks the U.S. has launched a worldwide campaign aimed at negotiating separate bilateral (country-to-country) agreements which would guarantee U.S. soldiers, diplomats and officials immunity from ICC jurisdiction. The bilateral agreements (called "Article 98 agreements" after a provision in the ICC treaty) would give U.S. military personnel and peacekeepers immunity from the ICC. To date Romania and Israel are the only nations to sign such agreements. However, a number of countries are reported to be in negotiations with the U.S. The European Union is expected to announce a common position on Article 98 agreements by the end of August or early September. Canada has said it will not sign an Article 98 agreement. The U.S. government recently announced that countries endorsing the ICC without creating an exemption for U.S. nationals could face the withdrawal of U.S. support for military education and training, as well as financing for weapons and military equipment. Meanwhile, a number of NGOs and middle-power governments have challenged the legality of the Article 98 agreements. On August 20, Tanzania became the 78th state to ratify the ICC treaty. FOR MORE INFORMATION: Fergus Watt, World Federalists of Canada, (613) 232-0647 (www.iccCanada.org) William Pace, Coalition for the ICC, (212) 687-2176 (www.iccnow.org) |
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