Clinton says U.S. will sign up for war crimes court
http://abcnews.go.com/wire/World/reuters20001231_471.html

The Clinton administration, under strong pressure from the Pentagon, had been holding off signing the treaty as it was trying to get guarantees that no U.S. serviceman or other government official abroad would be subject to the court"s jurisdiction.

WASHINGTON, Dec 31 (Reuters) - President Bill Clinton said on Sunday said the United States would sign a treaty establishing the first permanent global criminal court, saying Washington was signing in part to ensure it had a say in how the court would work. In a move likely to be sharply opposed by Republican lawmakers but applauded by rights groups, Clinton said the court would make a "profound contribution" to deterring human rights abuses around the world. "In taking this action, we join more than 130 other countries that have signed by the Dec. 31, 2000, deadline established in the Treaty," Clinton said in a statement. "We do so to reaffirm our strong support for international accountability and for bringing to justice perpetrators of genocide, war crimes and crimes against humanity." The International Criminal Court, based on the principles of Nazi war crime trials at the end of World War II, would try individuals accused of the most heinous atrocities -- mass murders, war crimes and other gross human rights violations. It would be set up in the Netherlands. "In signing, however, we are not abandoning our concerns about significant flaws in the treaty," Clinton said. "In particular, we are concerned that when the court comes into existence, it will not only exercise authority over personnel of states that have ratified the treaty, but also claim jurisdiction over personnel of states that have not." "With signature, however, we will be in a position to influence the evolution of the Court. Without signature, we will not." The Clinton administration, under strong pressure from the Pentagon, had been holding off signing the treaty as it was trying to get guarantees that no U.S. serviceman or other government official abroad would be subject to the court"s jurisdiction. Leading Republicans in Congress, who mounted a strong drive against the treaty, believe the court should not exist at all without, at a minimum, a strong role for the U.N. Security Council, in which Washington has a veto. Clinton said he still had some concerns regarding the workings the court, and said court jurisdiction over U.S. nationals should only come with U.S. ratification of the treaty. "Given these concerns, I will not, and do not recommend that my successor submit the Treaty to the Senate for advice and consent until our jurisdictional fundamental concerns are satisfied," said Clinton, who leaves office on Jan. 20 and will be replaced by Republican President-elect George W. Bush. A signature signals a country"s political support for the court and its intention to eventually ratify the treaty through national legislatures. The tribunal comes into force when 60 countries have ratified, and 27 nations have done so. After Sunday, a nation can only ratify but no longer sign the treaty, which means it would lose influence during negotiations among countries on the court"s procedures.



December 31, 2000
Clinton's War Crimes Statement Text
http://dailynews.yahoo.com/htx/ap/20001231/pl/clinton_un_tribunal_text_2.html

WASHINGTON (AP) - Text of President Clinton's statement upon authorizing U.S. signing of the 1998 Rome Treaty on the International Criminal Court:

``The United States is today signing the 1998 Rome Treaty on the International Criminal Court. In taking this action, we join more than 130 other countries that have signed by the December 31, 2000 deadline established in the Treaty. We do so to reaffirm our strong support for international accountability and for bringing to justice perpetrators of genocide, war crimes, and crimes against humanity. We do so as well because we wish to remain engaged in making the ICC an instrument of impartial and effective justice in the years to come.

``The United States has a long history of commitment to the principle of accountability, from our involvement in the Nuremberg tribunals that brought Nazi war criminals to justice to our leadership in the effort to establish the International Criminal Tribunals for the Former Yugoslavia and Rwanda. Our action today sustains that tradition of moral leadership.

``Under the Rome Treaty, the International Criminal Court (ICC) will come into being with the ratification of 60 governments, and will have jurisdiction over the most heinous abuses that result from international conflict, such as war crimes, crimes against humanity and genocide. The Treaty requires that the ICC not supersede or interfere with functioning national judicial systems; that is, the ICC Prosecutor is authorized to take action against a suspect only if the country of nationality is unwilling or unable to investigate allegations of egregious crimes by their national. The U.S. delegation to the Rome Conference worked hard to achieve these limitations, which we believer are essential to the international credibility and success of the ICC.

``In signing, however, we are not abandoning our concerns about significant flaws in the Treaty. In particular, we are concerned that when the Court comes into existence, it will not only exercise authority over personnel of states that have ratified the Treaty, but also claim jurisdiction over personnel of states that have not. With signature, however, we will be in a position to influence the evolution of the Court. Without signature, we will not.

``Signature will enhance our ability to further protect U.S. officials from unfounded charges and to achieve the human rights and accountability objectives of the ICC. In fact, in negotiations following the Rome Conference, we have worked effectively to develop procedures that limit the likelihood of politicized prosecutions. For example, U.S. civilian and military negotiators helped to ensure greater precision in the definitions of crimes within the Court's jurisdiction.

``But more must be done. Court jurisdictions over U.S. personnel should come only with U.S. ratification of the Treaty. The United States should have the chance to observe and assess the functioning of the Court, over time, before choosing to become subject to its jurisdiction. Given these concerns, I will not, and do not recommend that my successor, submit the Treaty to the Senate for advice and consent until our fundamental concerns are satisfied.

``Nonetheless, signature is the right action to take at this point. I believe that a properly constituted and structured International Criminal Court would make a profound contribution in deterring egregious human rights abuses worldwide, and that signature increases the chances for productive discussions with other governments to advance these goals in the months and years ahead.''