-Caveat Lector-

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Date: Tue, 3 Sep 2002 10:00:36 +0100
From: [EMAIL PROTECTED]
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Subject: International Criminal Court: "No" to US campaign against
    international justice

* News Release Issued by the International Secretariat of Amnesty
International *

3 September 2002
IOR 30/007/2002


The international community must reject the US campaign against
international justice, Amnesty International said in a new report
released today.

      The USA has approached many governments requesting them
to sign agreements not to surrender or transfer US nationals to
the new International Criminal Court (ICC). It has already signed
such bilateral agreements with Israel, East Timor, Romania and
Tajikistan. The USA is exerting extreme pressure on states to
meet their demands, in many situations threatening to withdraw US
military assistance.

      Governments should refuse to sign agreements which would
give impunity to US nationals should they be accused of genocide,
crimes against humanity and war crimes.  The USA is demanding an
exemption for its nationals should they commit these crimes on
the territory of states that have ratified the ICC.

      "These agreements seek to undermine and weaken the ICC
which was created to end impunity for the worst crimes known to
humanity," Amnesty International said.

      "When legal advisers from the 15  European Union members
meet tomorrow, they should take the lead in stopping this
campaign by asking its member states to refuse bilateral
agreements."

      Amnesty International's report concludes that any state
that enters into an impunity agreement with the USA will violate
its obligations under international law.  The USA claim that the
impunity agreements are in accordance with international law is
wholly without merit. In fact, the agreements seek to manipulate
provision included to ensure that people accused of these crimes
are brought to justice.

Background
The Rome Statute of the ICC entered into force on 1 July 2002. As
of 30 August 2002, 78 states had ratified it; 139 states have
signed it.  The ICC is in the process of being established to
investigate and prosecute people accused of genocide, crimes
against humanity and war crimes, when national courts are unable
or unwilling to do so. It is expected that it will become fully
operational in the first half of 2003.

      The USA has been the only state actively to oppose the
establishment of the ICC. Since the adoption of the Rome Statute
in July 1998, the USA has sought an exemption for US nationals
from the jurisdiction of the Court.

      Amnesty International, other NGOs and governments have
repeatedly demonstrated that USA fears that the Court could be
used for politically motivated prosecutions against USA nationals
have no basis since the Rome Statute contains substantial
safeguards and fair trial guarantees.

      Countries that have ratified the Rome Statute are obliged
to comply with requests by the International Criminal Court to
arrest and surrender persons accused of genocide, crimes against
humanity and war crimes. Signing an impunity agreement with the
USA is contrary to a state's obligations under the Statute and
goes against the very purpose of the Statute which is to end
impunity for the worst crimes under international law.

      States that have signed the Rome Statute are obliged by
international law not to take any steps that would undermine the
Rome Statute.  Signing an impunity agreement with the USA is
clearly against the object and purpose of the Statute which is to
end impunity for the worst crimes under international law.

      All states -- regardless of whether they have ratified,
signed or not signed the Rome Statute -- that enter into impunity
agreements with the USA or refuse to arrest and surrender persons
accused by the ICC may violate their obligations under
international law to bring to justice those responsible for
genocide, crimes against humanity and war crimes.


For a copy of the report "International Criminal Court: The US
efforts to obtain impunity for genocide, crimes against humanity
and war crimes", visit: www.amnesty.org/icc


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