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International Law Seen at Risk in U.S. Fight with Security Council 
Fri Jul 5, 2:39 PM ET 
Jim Lobe,OneWorld US 

  A meeting to be held by major western nongovernmental organizations
(NGOs) in London next week to discuss United States opposition to the
new International Criminal Court (ICC) will underline growing concerns
about how the administration of President George W. Bush sees
Washington's global role. 

  U.S. threats to veto United Nations peacekeeping operations (PKOs)
unless the UN Security Council gives its troops blanket exemption from
prosecutions by the ICC are leading U.S. and European NGOs to take an
openly critical stance against the Bush administration. 

  The organizations have grown increasingly concerned that Washington
is not only using leverage on PKOs to attack the world's first
permanent war crimes tribunal, but also that the administration,
emboldened by its unprecedented military power, is breaking loose from
the bounds of international law and the post-World War II multilateral
system. 

  "The real reason behind Washington's blackmail [in the Security
Council] is the most troubling," according to Kenneth Roth, the
executive director of Human Rights Watch (HRW), writing in the
Financial Times this week. "An increasingly influential faction in the
Bush administration believes that U.S. military and economic power is
so dominant that the U.S. is no longer served by international law." 

  While Roth will not be taking part in the London discussions, among
others attending the meeting, sponsored by the World Federalist
Movement and the OneWorld Trust, include Bill Pace, convener of the
global NGO Coalition for the International Criminal Court; Pierre Sane,
former secretary general of Amnesty International; and Elizabeth May,
executive director for the Sierra Club of Canada, a major environmental
group. 

  The ICC, whose jurisdiction took legal effect July 1, is the product
of the 1998 Rome Statute, an international treaty signed by almost 140
countries and ratified by 76. When it goes into operation at The Hague,
probably early next year, it will have powers to investigate and
prosecute war crimes, genocide, and other crimes against humanity. 

  Former President Bill Clinton signed the Statute in December, 2000,
but the Bush administration, in an unprecedented act, formally
renounced his signature in May. While, at the time, U.S. officials
promised not to "wage war" against the new court, their threats to veto
UN PKOs if a blanket exemption from the ICC's jurisdiction was not
forthcoming are being widely interpreted as just that. 

  "As was clear at the time, the 'un-signing' of the ICC treaty by the
U.S. was largely symbolic," said Fiona McKay, director of the
international justice program at the New York-based Lawyers Committee
for Human Rights. "As the ICC comes into existence, the U.S. is trying
to derail it by attacking international peacekeeping." 

  Over recent months, Washington has asked the UN Security Council to
exempt its personnel attached to UN PKOs in East Timor and Bosnia from
the ICC's jurisdiction. In June it warned that it would veto the Bosnia
mission's extension, as well as other pending missions, if it did not
get its way. 

Since then, the Bosnia mission's mandate has been temporarily extended
three times--the latest to July 15--because other members of the
Security Council have rejected U.S. demands, while compromises they
have put forward have in turn been rejected by Washington. In a signal
of its own determination, however, the Bush administration withdrew its
personnel from the East Timor mission. 

  Washington has argued that, because its military is so active in
maintaining peace and security abroad, it risks becoming a "special
target" for politically-motivated prosecutions by the ICC. 

  But the ICC's defenders, including UN Secretary-General Kofi Annan,
argue that such fears are far-fetched given the numerous safeguards
built into the Rome Statute, especially the fact that the ICC can take
on a case only when a nation shows that it is either unwilling or
unable to investigate or prosecute the case on its own. Others have
noted that Britain, whose troops have served alongside U.S. forces in
many recent military campaigns and PKOs, has strongly supported the
ICC. 

  Moreover, the U.S. demand that the Security Council exempt its
peacekeepers from the scope of the ICC goes to the heart of
international law-making, according to NGOs and Annan, who sent an
unusually blunt appeal to Secretary of State Colin Powell on Wednesday.
"[The U.S. proposal] flies in the face of treaty law since it would
force states that have ratified the Rome Statute to accept a resolution
that literally amends the treaty," he wrote. 

  Washington's position, according to some analysts, is particularly
worrying because it is the latest of a number of controversial actions
that weaken international law and multilateral agreements. These
include its withdrawal from the Kyoto Protocol to reduce "greenhouse
gas" emissions, the Anti-Ballistic Missile treaty, and from talks on
control of biological weapons, in addition to its new strategic
doctrine of pre-emption and changes in the Nuclear Posture Review on
the potential use of nuclear weapons against non-nuclear states. 

  "By threatening the Bosnian UN peacekeeping mission with extinction,"
according to Heather Hamilton of the World Federalist Association, "the
U.S. is blackmailing other UN members, and is attempting to hijack the
system of international law the U.S. itself has worked to build up for
over 50 years." 
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