Posted on 07/11/2002 9:14:34 AM PDT by milestogo
Filed at 2:36 a.m. ET
UNITED NATIONS (Reuters) - After a day of fierce criticism from its closest allies, the Bush administration softened demands for blanket immunity for American peacekeepers from the world's first permanent criminal court.
The new U.S. proposal, to be discussed by U.N. Security Council members on Thursday, would prevent the investigation or prosecution of peacekeepers for a year, subject to renewal.
Previously Washington demanded a permanent exemption from the tribunal's jurisdiction for soldiers from countries that had not ratified a 1998 Rome treaty creating the International Criminal Court, which came into existence on July 1.
Nevertheless, many of the Security Council's 14 other members said the new U.S. draft resolution still violated the letter and spirit of the court's treaty, signed by 139 countries and ratified by 76 nations.
But the U.S. modification was the first indication that a resolution of the dispute, in which the United States threatened to shut down all U.N. peacekeeping missions, might be resolved soon.
Washington has made Bosnia the test case. It vetoed an extension of the 1,500-member U.N. police training mission and the council's endorsement of a 18,000-strong NATO-led peacekeeping force, unless its demands were met. Another vote is due by Monday.
The ICC is the first global permanent tribunal to try individuals for genocide, war crimes and gross human rights abuses, a belated effort to fulfill the promise of the Nuremberg trials 56 years ago, when Nazi leaders were prosecuted for new categories of war crimes.
MORE CHANGES POSSIBLE
Unclear is whether the U.S. proposal will be adopted without more changes. Britain's U.N. ambassador, Sir Jeremy Greenstock, said the draft was ``a very fair basis for discussions.''
French Ambassador Jean-David Levitte told colleagues it was ``a step'' on in the right direction but fell short of getting his country's support. But he has not threatened a veto.
France and Britain belong to the European Union, all of whose 15 members have ratified the court's treaty. Both nations, along with the United States, Russia and China, have veto power on the Security Council.
On Wednesday, Canada organized an open meeting so countries around the world could tell Security Council members the U.S. proposals were unacceptable.
And some two dozen nations did so, from Asia, Latin America, Africa, the Middle East as well as the European Union. Only India took Washington's side.
``We have just emerged from a century that witnessed the evils of Hitler, Stalin, Pol Pot, and Idi Amin, and the Holocaust, the Rwandan genocide, and ethnic cleansing in the former Yugoslavia,'' Canadian Ambassador Paul Heinbecker said.
``Surely, we have all learned the fundamental lesson of this bloodiest of centuries, which is that impunity from prosecution for grievous crimes must end,'' he said.
Passionate in their opposition to the court, conservative Republicans have long considered the tribunal an affront to U.S. sovereignty. Washington argues that countries could use the new court for frivolous and politically-motivated prosecution of Americans soldiers and officials.
PLENTY OF SAFEGUARDS
But nearly all speakers countered that the treaty had more safeguards than any tribunal of its kind. The main one is that the court can only step in when countries are unable or unwilling to bring perpetrators to justice.
Specifically the new U.S. draft proposes that the court not investigate or prosecute officials or personnel of United Nations missions for a year, after which the Security Council could but does not have to vote to renew the exemption.
The United States for the first time also eliminated language asking for permanent immunity for peacekeepers from countries opposed to the court.
But the U.S. proposals are based on Article 16 of the treaty that allows the Security Council to request a 12-month deferral of an investigation or prosecution by the court on a case by case basis
``Article 16 was never intended for generic, general immunities,'' said Hans-Peter Kaul, who led Germany's delegation at the 1998 Rome treaty conference.
Instead, he told reporters the provision was designed to delay indictments while delicate peace negotiations were underway, such as the U.S.-led 1995 talks in Dayton that ended the Bosnian war.
Bush caves again. Was Bush really planning to cave all along and just wanted to make it appear he was putting up resistance? I will bet the socialist Colin Powell at State was giving Bush and Rice plenty of advice on how to be duplicitous to the public about the ICC.
The discussions have centered on the US military peacekeepers but are there hooks in the ICC that will leave US citizens vulnerable to world government and UN dictates?
This is incrementalism at its best- Slowly take bites until there is no more left to US sovereignty and Constitutional guarantees. Bush and Congress are gutless at best, and treasonous world government advocates at worst.
Two months ago Bush announced his agreement with Putin for the US to share US star wars missile defense with the Russians and to jointly develop the technology with the Russians. Bush and Putin set up a joint committee to do this. During the 2000 Presidential campaign and shortly after his election, Bush announced that he planned to offer the Russians joint operations of missile defense with the Russians.
Since there has been no vote by the people or Congress on transferring US star wars technology to Russia, Bush actions in this regard are illegal and tantamount to treason in my opinion. If Bush proceeds with joint operations with the Russians this would also be dreadful and treasonous in my opinion.
Senator Shelby's aid on defense matters confirmed to me in June 2002 that the US was working directly with the Russians on developing star wars missile defense and that Shelbys constituents in Alabama were complaining about it. Yet nothing has been done by Congress to protest the move by Bush.
The White House announced last month it was taking steps to block the Congress from learning details of US missile defense testing. Yet this same testing data is the data eventually to be shared with Russia but not Congress! This is another example of why I believe this is illegal and treason.
My opinion is based on public statements made by Bush Senior and GW Bush over the years is that this is being done to establish a world government. I was also told this by nuclear scientists at Kirtland AFB when they offered me a job on star wars development( I declined because I object to sharing the tech with Russia) as far back as 1983. I wrote articles in 2000 about this for FreeRepublic.
The ICC cave in by Bush and his transfer of star wars to Russia together paint a picture of either a weak fool or a treasonous and duplicitous world government advocate who does not care about US sovereignty or citizens freedoms. I am sure Colin Powell at the socialistic State Department is helping dupe the American people on the ICC too.
These 'speakers' are knowingly disengenous. There is no way this organization won't be swiftly morphed into an anti-capitalist anti-American witch-hunting society which will be routinely calling for trials of American and allied policy-makers. If GWB caves on this, surrendering our sovereignty to this Kangaroo Court, he will be rewarded with the same fate that is awaiting Bill Clinton...trial as a war criminal.
Based on the current situation, a full year immunity will just postpone the inevitable confrontation, but it will be to our advantage to postpone it considering the fact that we're in the middle of our own war.
Resistance is futile. You will be assimilated.
Let's be clear: This is NOT merely a war tribunal. This world criminal court can decree that owning a gun is terrorism. It can decree that cutting a tree without UN permission is an act of 'war' against humanity via the environmnet.
This kangeroo court, nothing like a US court, would have unfathomable power.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.