AMERICANS AGAIN EXEMPTED FOR A YEAR

Americans Again Exempted For A Year From The International Criminal Court's Prosecution

UN secretary general criticizes vote, saying it undermines the authority of the ICC

Agence France-Presse & Reuters

Translated from Le Monde (Paris), June 12: http://www.lemonde.fr/article/0,5987,3220--323742-,00.html

The UN Security Council adopted on Thursday, June 12, a resolution extending for twelve more months the exemption from prosecution by the International Criminal Court (ICC) enjoyed by American nationals. France, Germany, and Syria abstained from voting.

During the debate preceding the vote, the UN secretary general, Kofi Annan, emphasized that the Council "would undermine its own and the ICC's authority" if this renewal became "a routine." "If this should happen, it would weaken the authority not only of the ICC but also that of the Council as well as the legitimacy of the peacekeeping forces of the United Nations." Mr. Annan added that in his opinion, this resolution was unnecessary: "I believe that I can say with confidence that in the history of the United Nations and certainly during the period in which I have worked for the organization, no soldier charged with peacekeeping nor any other soldier on assignment has come close to the sort of crimes that fall within the jurisdiction of the ICC."

The American draft resolution submitted for a vote was identical to Resolution 1422, a compromise text adopted on July 12, 2002, after a bitter diplomatic battle with the United States. The only difference between Resolution 1422 and the new Resolution 1487 is the date of the beginning of the period of immunity: "July 1, 2003" instead of "July 1, 2002." Adopted with 12 votes and three abstentions, Resolution 1487 thus prolongs for a new period of twelve months, beginning on July 1, 2003, the exemption from ICC prosecution granted for the first time one year ago to American nationals participating in peacekeeping operations.

AMERICAN PRESSURES

In order to achieve their ends last year, the United States, which at first wanted to obtain a permanent exemption, vetoed renewing the resolution extending the UN Mission for Bosnia-Herzegovina. The US also threatened to bring an end to all UN operations as their mandates expired.

"After the confrontations over Iraq, there was no desire on the Council for another battle," said one diplomat. Gestures of good will were avoided on both sides. The United States, another diplomat explained, did not ask that the exemption be made permanent, and "so we didn't make a big thing of its one-year renewal."

The French and German abstentions should not, however, be taken lightly by the American administration, which has already sharply reprimanded the European Union for having undertaken steps aiming, according to the US, from preventing the signature of bilateral agreements that shield not only American civilian and military personnel, but also their employees, from international justice.

The Court, which came into existence on July 1, 2002, and whose prosecutor is assuming office on Monday, is the first permanent international tribunal charged with investigating and judging individuals accused of massive violations of international humanitarian law and human rights.

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Translated by Mark K. Jensen
Associate Professor of French
Webpage: http://www.plu.edu/~jensenmk.
E-mail: jensenmk@plu.edu

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