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Judges for War Crimes Court Sworn In

March 11, 2003
By REUTERS






Filed at 1:18 p.m. ET

THE HAGUE (Reuters) - The world's first permanent war
crimes court swore in its first 18 judges Tuesday to try
the 21st century's worst crimes in a move hailed as the
biggest legal milestone since Hitler's henchmen were tried
at Nuremberg.

Amid pomp and ceremony, the judges at the International
Criminal Court, or ICC, 11 men and seven women, were sworn
in to try people accused of genocide, crimes against
humanity and war crimes.

But even as the judges -- from Samoa and Latvia, from South
Africa, Brazil, Britain and France -- took their oaths,
there were concerns the court would struggle to flex its
muscle in the face of opposition from the United States,
China and Russia.

``By the solemn undertaking they have given here in open
court, these eleven men and seven women, representing all
regions of the world and many different cultures, have made
themselves the embodiment of our collective consciences,''
U.N. Secretary General Kofi Annan said.

Some 89 countries have thrown their weight behind the court
to try alleged perpetrators who committed crimes after it
came into being in July 2002. But lack of support from the
United States and Russia -- two powers behind the Nuremberg
Trials -- has been a setback.

Support for the ICC -- a descendant of Nuremberg and Tokyo
war crimes trials after World War II -- was given added
impetus by ad hoc U.N. war crimes tribunals set up to try
crimes in the Balkans in the 1990s and the 1994 Rwandan
genocide.

``The court which we have created, and in which we install
judges today, responds to one of the darkest parts of our
human experience, and yet this is also a ceremony of
hope,'' said Jordan's Prince Zeid Ra'ad Zeid Al-Hussein,
head of the assembly of states who backed the Rome Statute
in 1998 to set up the ICC.

WORLD JUDICIAL CAPITAL

The ICC takes its seat in The Hague -- dubbed the world's
legal capital -- alongside the U.N. war crimes tribunal
trying ex-Yugoslav President Slobodan Milosevic and the
U.N.'s World Court, which only rules on disputes between
states.

The United States, Russia and China -- three of the five
permanent members of the 15-seat U.N. Security Council --
have shunned the court with Washington leading a dogged
campaign to ensure it does not try to prosecute U.S.
citizens.

Fearing U.S. troops could face politically motivated
prosecutions, Washington strongly opposes the ICC and
declined an invitation to join Annan for the ceremony.

The United States, which has withdrawn its signature from
the 1998 treaty that set up the ICC, has been busy
persuading other countries to seal bilateral agreements
exempting all U.S. citizens from the court's authority.

The court's supporters said the dispute would not remove
the symbolism of the inauguration hosted by Dutch head of
state Queen Beatrix. The European Union, a staunch advocate
for the court, also welcomed its becoming a reality.

``The court sends a powerful message to any potential
perpetrator of such crimes: impunity has ended,'' said EU
External Relations Commissioner Chris Patten.

Anyone -- from a head of state to an ordinary citizen --
will be liable to ICC prosecution for human rights
violations, including systematic murder, torture, rape and
sexual slavery. But it is still some way off being ready
for its first case.

The court officially opened in The Hague last year after 60
states backed it, but with just a skeleton administrative
staff.

Benjamin Ferencz, 82, a former U.S. prosecutor at Nuremberg
at the ceremony, lamented Washington's stance. ``The
current leadership in the United States seems to have
forgotten the lessons we tried to teach the rest of the
world,'' he said.

The ICC's first judges were elected in New York earlier
this year. A prosecutor is expected to be appointed in
April. The court has already received more than 200
complaints alleging war crimes, though it will say nothing
about the nature of them.

The new tribunal has jurisdiction only when countries are
unwilling or unable to prosecute individuals for
atrocities. Cases can be referred by states that have
ratified the treaty, the U.N. Security Council or the
tribunal's prosecutor after approval from three judges.

Unlike the U.N. war crimes tribunals for Yugoslavia and
Rwanda -- based in The Hague and Arusha in Tanzania -- the
ICC is not a U.N. body.

http://www.nytimes.com/reuters/international/international-dutch-warcrimes.html?ex=1048426057&ei=1&en=dd23523c8a0c5eb7



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