U.S. Drops Effort to Gain
Immunity for Its Troops
NY Times
By WARREN HOGE
Published: June 23, 2004
UNITED NATIONS, June 23 — The United States bowed to
broad opposition on the Security Council today and announced that
it was dropping its effort to gain immunity for its troops from
prosecution by the International Criminal Court.
"The United States has decided not to proceed further with
consideration and action on the draft at this time in order to
avoid a prolonged and divisive debate," the deputy American
ambassador, James B. Cunningham, said on emerging from the
council.
The envoys from the 15-member council had spent the morning in
closed session discussing a rewritten version of the American
troop exemption resolution circulated among them Tuesday night to
try to meet the widespread objections.
A resolution granting a year's exemption had passed the
council the past two years, but this year the attempt to renew it
ran into difficulties because of the prisoner abuse scandal in
Iraq and a strong statement of opposition from Secretary General
Kofi Annan.
The rare setback for American diplomacy at the United Nations
came just two weeks after the Bush administration was praised in
the world organization for demonstrating flexibility and a
willingness to compromise in securing a unanimous vote on a
resolution affirming the arrangements for the transfer of power
in Iraq.
Ambassador Wang Guangya of China, a country that had supported
the measure the past two years, said, "Clearly from the very
beginning this year, China has been under pressure because of the
scandals and the news coverage of the prisoner abuse, and it made
it very difficult for my government to support it."
"My government," he added, "is under particular pressure not
to give a blank check to the U.S. for the behavior of its
forces."
Spain's ambassador, Juan Antonio Yáñez-Bernuevo,
explained his country's opposition by saying, "For us, the
essential thing is to remain faithful to the international
criminal court, which we strongly support, and also to the United
Nations charter and to respect the statement made by the
secretary general last week, which had a powerful effect."
Last week Secretary General Annan called on the Security
Council to turn back the American move, saying it was "of dubious
judicial value" and particularly objectionable in the aftermath
of the prisoner abuse cases in Iraq.
In his remarks, Mr. Annan said that passing the measure would
discredit the council, the United Nations and the "primacy of the
rule of law," and he appealed to the members to maintain the
common purpose they had shown earlier this month in their
unanimous vote on the Iraq resolution.
Mr. Yáñez-Bernuevo said that he regretted that
the Americans had not mounted the same kind of diplomatic effort
that secured the June 8 unanimous vote behind the resolution
covering the arrangements for the June 30 transfer of power to
Iraq and its aftermath.
"We would have liked to see a process as we saw in the Iraq
resolution, a more collective effort that would have maintained
the council's unity," he said. Instead, he said, "According to
what we heard from the U.S., that was the last word, they could
not go any further, there was no point in pursuing the
matter."
Heraldo Muñoz of Chile said of Mr. Annan's statement:
"It has a very important impact on many delegations. It certainly
created a new context for the consideration of this
resolution."
The Bush administration has said it needs the protection to
prevent people from using the court to bring politically
motivated war crimes prosecutions against Americans abroad.
Elaborating on that today, Mr. Cunningham noted that the
United States was the "largest contributor to global security"
and said, "When the United States voluntarily commits its armed
forces to participate in peacekeeping missions around the world,
we believe it is wholly inappropriate to subject them to a
tribunal which cannot provide adequate guarantees of due
process."
Asked if the United States would limit its participation in
peacekeeping activities in the future — a threat it has
made in past years when disagreement over the resolution has
emerged — Mr. Cunningham said, "I'm not going to comment on
that."
Addressing concerns about American military conduct abroad, he
said, "The United States has a well-functioning system of
military justice that will assure accountability."
Since the international court was created two years ago, the
Bush administration has made bilateral agreements with 90
countries to exempt its troops, and Mr. Cunningham said that that
effort would continue.
This year's draft resolution, introduced last month and then
withdrawn in the face of objections, extended protection to
American soldiers participating in United Nations-approved
peacekeeping forces beyond the current expiration date of June
30.
That same day, next Wednesday, Iraq regains sovereignty and
the predominantly American force there becomes a United
Nations-mandated one. The United States had consequently been
pressing hard for a vote before then.
Though there were three abstentions in last year's vote and
several more expected this year, American diplomats in May said
they felt confident they could obtain support for a routine
"technical rollover" of the measure.
Mr. Annan's appeal to Security Council unity, however, caused
several nations to rethink their backing of the original
resolution and of their reluctance to be seen as defying the
United States. By Monday, 8 of the 15 countries let it be known
that they would abstain — an outcome that would deny the
United States the votes needed for passage.
Tuesday evening, American diplomats circulated a new version
aimed at meeting a major objection — language in the
original proposal that expressed the intention to renew the
one-year exemption each July 1 for further 12-month periods "for
as long as may be necessary."
Mr. Annan had protested that this clause served to perpetuate
United Nations approval of what had been considered a temporary
emergency departure from international law.
That paragraph had been eliminated in the new version, and new
language was inserted that pledged that this request for a
one-year exemption would be the final one.
That attempt to bridge the differences did not work, and Mr.
Muñoz said that while he thought the United States
decision had been "too rushed," it was probably the best one
under the circumstances.
"Better not to present the draft resolution to a vote when the
council appears to be divided," he said. "Better not to be
divided after the consensus and the unity that we showed on
Iraq."
© NY TImes
|