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http://quote.bloomberg.com/apps/news?pid=10000103&sid=aS68f1LTXTBc&refer=us
U.S. Ends Bid for Protection From War Crimes Tribunal
(Update1)

June 23 (Bloomberg) -- The U.S. abandoned efforts to get the United Nations
Security Council to extend immunity of U.S. citizens from prosecution by the
International Criminal Court, casting doubt on future support for
peacekeeping missions.

``We believe our draft and its predecessors fairly meet the concerns of
all,'' U.S. envoy James Cunningham said. ``Not all council members agree,
however, and the U.S. has decided not to proceed further with consideration
of action on the draft at this time in order to avoid a prolonged and
divisive debate.''

The U.S. had asked the Security Council to approve a resolution that would
end immunity for U.S. citizens from prosecution by the court in June 2005.
The council gave the U.S. protection in June 2002 and last year extended it
until June 30.

The U.S. is concerned the treaty that created the court doesn't include
safeguards against politically motivated war crimes prosecutions, including
possible action against troops in Iraq. Chinese Ambassador Wang Guangya said
last week the U.S. lost support in the council because of the abuse of
Iraqis at the Abu Ghraib prison in Iraq and in Afghanistan.

Cunningham said the U.S. will ``take into account the risk of ICC review
when determining contributions to UN authorized or established missions.''
The U.S. vetoed a resolution in 2002 to continue the UN mission to
Bosnia-Herzegovina because of concern that American personnel might be
vulnerable to ICC prosecution. Immunity was granted the next month and the
mission was renewed.

Bilateral Agreements

The U.S. will continue to seek bilateral agreements that grant protection
from the court, according to Cunningham. The U.S. has negotiated accords
with 90 nations that have agreed not to refer accusations against U.S.
citizens to the court.

The U.S. decision came as the court opened its initial investigation into
alleged atrocities in the Democratic Republic of the Congo. Luis Moreno
Ocampo, chief prosecutor of the Hague- based International Criminal Court,
said in a statement that there is enough evidence to begin building cases.

``The opening of the first investigation of the ICC is a major step forward
for international justice, against impunity and for the protection of
victims,'' Ocampo said in a statement.

Democratic Congo, formerly Zaire, formed a government of national unity last
year as part of an agreement to end a four- year civil war that killed an
estimated 2.5 million people. The nation of 55 million people is the size of
Western Europe and is rich in copper, cobalt, diamonds, gold, manganese, tin
and zinc.

`Mass Murder'

The ICC statement cited reports of ``thousands of deaths by mass murder and
summary execution'' since 2002 and ``a pattern of rape, torture, forced
displacement and the illegal use of child soldiers.''

The treaty creating the court was adopted at an international conference in
Rome on July 17, 1998. The U.S., Iraq, China and Israel were among the seven
nations that voted against the treaty, which was supported by 120 countries
and has since been ratified by 90.

Crimes against humanity in Yugoslavia, Rwanda and Cambodia gave impetus to
creation of the Hague court, whose jurisdiction took effect on July 1, 2002.
It consists of 18 judges elected for nine-year terms and Ocampo's staff of
55.

Annan's Opposition

Ambassador Heraldo Munoz of Chile, one of the Security Council's 15 members,
said the U.S. had only five sure votes for the resolution. China, Benin,
Brazil, France, Germany, Romania and Spain had said they would abstain from
a vote, leaving the U.S. short of the nine votes needed for adoption.

Spanish Ambassador Juan Yanez-Barnuevo said UN Secretary- General Kofi
Annan's opposition to the resolution influenced his government, which voted
for immunity last year. Annan said it would be ``unwise'' for the council to
adopt the resolution and, at a private lunch with council members on Friday,
appealed for members to retain the unity that produced unanimous adoption of
a U.S. resolution endorsing Iraq's interim government on June 8.

``The vote would have been very divisive, so we told our American friends it
would be better to try to avoid such division,'' Yanez-Barnuevo said. ``We
firmly hope that there will be no negative consequences for UN peacekeeping
because those operations are very important for the peace of the world, and
they serve U.S. interests as well.''

Annan said the Rome treaty provides that persons accused of war crimes be
``immediately repatriated'' to their home country for possible prosecution.
Officials of human rights groups such as Amnesty International and Human
Rights Watch pressed council members to oppose the U.S. resolution, saying
the Rome treaty contains adequate safeguards against politically motivated
prosecutions and that the U.S. measure would have violated international law
by amending the treaty.

The UN observer mission to the Golan Heights, due to expire on June 30, will
need Security Council approval for its extension and the U.S. has asked the
council to prepare for a peacekeeping mission to Sudan.

To contact the reporter of this story:
Bill Varner at the United Nations at  [EMAIL PROTECTED]

To contact the editor responsible for this story:
Edward DeMarco at  [EMAIL PROTECTED]
Last Updated: June 23, 2004 14:08 EDT






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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substanceâ??not soap-boxingâ??please!   These are
sordid matters and 'conspiracy theory'â??with its many half-truths, mis-
directions and outright fraudsâ??is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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