
May 25, 2000
Contact HRF Communications (212) 845 5245 media@humanrightsfirst.orgHuman Rights First Urges Governments to Reject U.S. Bid for
Exemption from Jurisdiction of International Criminal CourtU.S. Proposal Would Seriously Impair the Jurisdiction and Reputation of the Court
New YorkHuman Rights First calls on governments around the world to reject a proposal by the United States that threatens to impair the jurisdiction of the International Criminal Court (ICC). In a letter to governments that support the creation of an ICC, the Committee emphasized the danger of supporting the U.S. proposal.
The proposal would prevent the Court from trying the nationals of States that have not ratified the ICC Statute, unless those States or the Security Council agrees.
"The U.S. proposal would significantly undermine the independence of the Court and would represent a retreat from the Nuremberg principles allowing no exemption from prosecution for official acts, " said Michael Posner, Executive Director of Human Rights First. "This is a backdoor amendment to the Treaty agreed upon in Rome, and would lead to a selective application of international law." While recognizing the importance of U.S. engagement in the Court, the Committee urged governments not to undermine the Courts fundamental powers.
The ICC will be the first international court to try individuals for genocide, war crimes, and crimes against humanity. The Rome Treaty for an ICC was adopted in July 1998 by a vote of 120 to 7. Those voting against included Iraq, China, and the U.S. The Rules of Procedure and Elements of Crimes for the Court are being negotiated at the UN, and will be adopted on June 30, 2000.
The Court will be established when 60 countries have ratified the Statute. Currently, 96 countries have signed; ten countries have completed the ratification process, and many others including major U.S. allies like France, Germany, and Canada are in the final stages.