U.S. Troops Are Now Open to "War Crimes" Charges; U.S. Abandons Hopes for Exemption from Intl. Court Official statement of the United States Mission to the United Nations Statement by Ambassador James B. Cunningham, Deputy U.S. Representative to the United Nations, on the ICC, at the Security Council Stakeout, June 23, 2004 The United States continues to object to the view that the International Criminal Court may exercise jurisdiction over the nationals, including government officials, of states not party to the Rome Statute. This objection has nothing to do with bringing to justice those individuals who may have committed heinous crimes including war crimes and crimes against humanity, something the United States strongly supports, as you know. For example, we have already initiated prosecutions related to the charges of prisoner abuse at Abu Ghraib and have several investigations underway. We also note that even some ICC states parties have exercised their rights under the treaty to delay application of the Court's war crimes jurisdiction to their nationals. Our specific problems with the International Criminal Court are well-known. They encompass jurisdiction, due process, including multiple jeopardy, and politicization and accountability. We shall not go into detail here. However, when the United States voluntarily commits its armed forces to participate in peacekeeping missions to bring about peace and security in other parts of the world, we believe it is wholly inappropriate then to subject them to possible jurisdiction of a tribunal which cannot provide adequate guarantees of due process. The ICC is intended to complement the domestic justice systems of individual countries to ensure that war crimes do not fall between jurisdictional gaps. The United States has a well-functioning system for military justice that will ensure accountability. The draft resolution that we have been considering represented an important understanding reached with states that do not share our concerns. As with its predecessors, Resolutions 1422 and 1487, it invoked the precise terms of the Rome Statute to request that, if a case arises involving current or former officials or personnel from a contributing state not party to the Rome Statute over acts or omissions relating to a UN-established or authorized operation, the ICC shall for a 12-month period not commence or proceed with investigation or prosecution. We would prefer to retain the compromise embodied in the resolution. We are, after all, the largest contributor to global security and have special, well-known interests in protecting our forces and our officials. We have been heartened by progress in this connection over the last two years and will continue working in this vein. We believe the draft and its predecessors fairly meet the concerns of all. Not all Council Members agree, however, and the United States has decided not to proceed with further consideration and action on the draft at this time to avoid a prolonged and divisive debate. In the absence of a new resolution, the United States will need to take into account the risk of ICC review when determining contributions to UN authorized or established operations. We will also continue to negotiate bilateral agreements consistent with Article 98 of the Rome Statue to further protect U.S. persons from the exercise of jurisdiction by the ICC. The World Federalist Association, now known as "Citizens for Global Solutions," issued a statement that it "welcomes the U.S. decision not to seek a Security Council resolution providing immunity from war crimes prosecution to UN peacekeepers. As demonstrated by today's announcement by the International Criminal Court's Chief Prosecutor of the start of investigations into alleged atrocities in the Democratic Republic of Congo, the ICC is functioning as intended and poses no threat to UN peacekeepers. It is time to put to bed all misplaced concerns of misuse of the International Criminal Court for frivolous prosecutions. This resolution should be left in the dust bin of bad ideas. Citizens for Global Solutions commends Security Council members for standing up for international law, preserving the integrity of the Security Council, and recognizing the extraordinary potential of both peacekeeping and the International Criminal Court to build peace and security in our troubled world."              Printer-friendly version Click here to be added to our mailing list.