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| Strike Two for Hillary Today -- US May Join ICC | |
| 2009-08-07 | |
| Hillary Clinton has signalled a significant shift by the US in favour of the international criminal court, the world body that pursues war criminals but was strenuously opposed by the Bush administration. In the most public expression of support yet from Barack Obama's administration, the US secretary of state expressed regret that the US has not yet joined the ICC. The court, set up in 2002, has pursued dictators, mainly from Africa, who are alleged to have been engaged in genocide and other war crimes.
Clinton, speaking at a public meeting in Kenya, the first leg of an African tour, indicated she hoped this would come sooner rather than later: "This is a great regret that we are not a signatory. I think we could have worked out some of the challenges that are raised concerning our membership. But that has not yet come to pass." There is a divide in the Obama administration over entry. Clinton and some other senior figures at the White House and state department are passionately in favour, while others advocate caution, saying the president can afford not to rush membership and should wait to see how the ICC evolves. Supporters of the ICC, including the UK, which is a member, have long advocated the US joining, saying this would immensely strengthen the body. But President George Bush blocked American membership, expressing fears that US officials could be open to arrest for alleged war crimes. The Pentagon was concerned that US soldiers might end up in court in The Hague. In December 2000, just before he left office, the former president Bill Clinton signed up to the ICC. But Bush two years later announced that the US would not be joining and a bill ratifying membership failed to get through Congress. Noah Weisbord, who teaches law at Duke University and who worked in The Hague with the ICC's chief prosecutor Luis Moreno-Ocampo, expressed scepticism about whether the US would sign up within the next four years, but he said the US can help the ICC in other ways. This included help in gathering evidence and in isolating diplomatically leaders accused of war crimes as a precursor to bringing them to justice. "Hilary Clinton's comment that she regrets that the US is not yet a signatory to the ICC is intriguing. I think it marks an important moment in the courtship between the US and the ICC. Not only has she voiced an aspiration, but she has explicitly stated that the US has been cooperating with the ICC," said Weisbord. Barack Obama backed the ICC's decision earlier this year to issue an arrest warrant for the Sudanese president Omar al-Bashir in connection with the mass killings in Darfur. This week Clinton criticised African leaders who continued to support Bashir instead of helping to bring him to justice. She said the US supported the charges and considered the ICC indictments against him as a clear message that his behaviour was outside accepted bounds. The British government was coy yesterday about reacting to her comments. A Foreign Office spokesperson issued a short statement, without referring to the US: "The UK played a leading role in the negotiations and drafting of the Rome statute [which set up the ICC]. We believed then, and continue to do so, that the principles of the statute can help bring an end to the culture of impunity for the most serious crimes of concern to the international community." During his election campaign, Obama's foreign policy advisers said he would on taking office consult with US military commanders and examine the track record of the court before reaching a decision. But the advisers also said that membership would be difficult while the US was still in Iraq and the prison at Guantanamo Bay remained open. Supporters of the ICC say the US is losing out by not being a member, citing discussion currently underway on adding the crime of aggression to the ICC's list. This is being shaped without US participation. A vote on the new crime is scheduled for May next year in Uganda. So far 110 countries have ratified the Rome statute. Those who have not signed, apart from the US, include Russia, China and Israel. Although the Bush administration frequently cited Pentagon concerns, US lawyers report that there appears to be a shift there too, with some senior military figures now viewing the court as a useful tool rather than a threat. One of the most prestigious international legal bodies in the US, the American Society of International Law, published a report in March from its own taskforce, which unanimously recommended that the Obama administration officially engage with the ICC and give serious consideration to joining the court. | |
| Posted by:Sherry |
| #1 Well, now is the best time to ignore the Constitution and Constitutional protections of our citizenry. There is no question given the acts of Spanish and Italian courts to try to haul our servicemembers into international tribunals for carrying out their duties, that the ICC is just waiting to hammer Americans. This is the State Department's way of getting even with DoD for State's abject failure in Iraq and DoD's success. |
| Posted by: Procopius2k 2009-08-07 14:45 |