http://www.isn.ethz.ch/news/sw/#11029

Sudan war criminals to be tried at ICC

ISN SECURITY WATCH (01/04/05) - The UN Security Council has voted to
refer war crimes in Sudan's Darfur region to the International
Criminal Court (ICC) after the US was granted concessions to abstain
from the vote.

Following weeks of negotiations, the US won assurances that its own
citizens would not be prosecuted at the ICC. In return, the US said it
would not veto the Security Council vote on Thursday.
Despite the concessions, Council members praised the outcome of the vote.

"This resolution marks a turning point, for it is sending the message
beyond Darfur to all of those criminals responsible for crimes against
humanity and war crimes who all too often believed that they were
beyond the pale of justice," France's ambassador to the UN, Jean-Marc
de la Sabliere, said in a statement.

The US administration has argued that Americans could be targets of
politically motivated prosecutions at the ICC, and had requested that
a new war crimes court be set up to deal with Darfur cases.
Thanks to the UN's concessions, US peacekeepers operating in Sudan are
now immune from ICC prosecution. Security Council members also barred
any other country from prosecuting US citizens at the ICC.
China, Algeria, and Brazil also abstained from the vote.

Commenting on the vote, Richard Grenell, the spokesman for the US
mission at the Security Council, said: "We didn't cave. We got the
full protection for Americans that we sought."
However, those countries who are signatories to the ICC treaty may
feel that it was the Security Council that caved in to US demands for
immunity from international prosecution.

International community representatives have accused the Sudanese
government of arming the Arab Janjaweed militias to fight rebels in
Darfur. The Janjaweed militias have been accused of conducting a
widespread campaign of rape, killing, and looting in the region. Tens
of thousands of civilians have been killed and an estimated two
million others have been displaced in the two-year conflict in Darfur.
Sudanese authorities have repeatedly denied any link to the Janjaweed.

UN investigators have handed over a list of 51 persons for the ICC to
investigate for war crimes in Darfur.

The ICC was formed in 1998 with 97 signatory countries, including all
EU nations. Former US president Bill Clinton signed the treaty in
2000, shortly before leaving office, but President George Bush
withdrew from it in 2002.
Since then, the Bush administration has used carrot-and-stick methods
to secure bilateral immunity deals with countries to guarantee that
they would not hand over US nationals to the court.







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