U.S. 'using aid threat' to win immunity from International Criminal Court

US 'using aid threat' to win immunity from ICC
By Nikki Tait in The Hague
Published: March 11 2003 4:00 | Last Updated: March 11 2003 4:00

The US government is threatening to withdraw military assistance from countries that do not sign "immunity deals" exempting all its citizens from prosecution by the new International Criminal Court, it was claimed yesterday.

Government officials are warning countries that under the terms of the American Service Members Protection Act (Aspa), military aid will be cut off if they have not signed up to such agreements by July, according to supporters of the UN-backed court.

The ICC, which will hold its inaugural session today, is the world's first permanent forum for trying war crimes, but it has been fiercely opposed by the Bush administration, which claims it could become a forum for politically motivated prosecutions against US citizens.

Yesterday, Human Rights Watch accused the US of "double-dealing" over the immunity issue. "They are pointing to the part of the Aspa that makes withdrawal of military assistance look threatening and real," said Richard Dicker, head of its international justice programme. "But they conveniently ignore the law's provisions empowering the administration to continue giving assistance."

So far more than 20 countries have agreed to immunity deals with the US - including Afghanistan.

US opposition is not the new court's only problem. No names have formally been put forward for the key position of chief prosecutor, it was revealed yesterday, even though officials say more than 200 complaints have been lodged with the court since July.

Representatives of the 89 countries that have ratified the court, who will choose the prosecutor, say various names are being mooted privately and they are still hopeful a "consensus" might develop over one candidate in the coming weeks. That does not appear to be the case at present.

Further evidence of the Bush administration's opposition to the ICC will be revealed this afternoon, when the court's 18 judges are sworn in at the inaugural ceremony. ICC officials said the US had turned down an invitation to send a diplomatic representative to the proceedings.

The ICC has jurisdiction if an accused comes from a country that has ratified the court or if the crime is committed in such a country. Heads of government do not have immunity, but the ICC can only investigate in the absence of a national prosecution.

This makes it of limited use vis-?-vis the current Iraqi regime, as Iraq has not ratified the court.

However, Tony Blair, UK prime minister, could theoretically face ICC scrutiny if war goes ahead. One law group, Public Interest Lawyers, has already written to him, warning it will pursue a complaint against him at the new court if there is "illegal use of force against Iraq" by Britain.





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