More shameful US conduct in the news.

Also, as many no doubt already know, the ICTY absolved NATO of the war
crimes charges brought against it last year, as I fully expected it would.
Interested parties can read the full text at
http://www.un.org/icty/pressreal/nato061300.htm It makes very interesting
reading, not least because of exposition of the relevant law, which is
considerably more complex than some seem to think.

----------
From: Human Rights Watch <[log in to unmask]>
Reply-To: [log in to unmask]
Date: Tue, 13 Jun 2000 12:02:51 -0700
To: [log in to unmask]
Subject: Helms "Losing the Battle" on International Court

Helms "Losing the Battle" on International Court
U.S. Senator Can't Stop Human Rights Tribunal

(New York, June 13, 2000) -- U.S. Senator Jesse Helms may rage against
the international criminal court, but he cannot stop it, Human Rights
Watch said today.

The lawmaker has called a hearing of the Senate Foreign Relations
Committee, which he chairs, for Wednesday, June 14, to hear one-sided
testimony against the international criminal court. This week, 110
nations are gathering at the United Nations to put the final touches on
rules of procedure and evidence for the court.

In July 1998, the United States was one of only seven countries,
including Iraq and the People's Republic of China, which voted against
the treaty establishing the court. One hundred and twenty nations voted
in favor. A growing number of governments has denounced U.S. efforts to
re-open and weaken the treaty. Last month, the European Union rejected
the U.S. initiative as "unacceptable."

"Senator Helms is fighting a losing battle," said Richard Dicker,
counsel to Human Rights Watch and the director of its campaign on the
international criminal court. "Dozens of governments around the world
are solidly behind the international criminal court, and they include
America's closest allies. This court is going to come into being whether
Senator Helms likes it or not."

The U.S. government seeks ironclad assurances that none of its nationals
could be prosecuted before the court.  This is consistent with the
isolationist pressure exerted by Helms.  In previous rounds of
negotiation, Washington has already succeeded in getting multiple
safeguards to prevent possibility of politically-motivated prosecutions
against any U.S. national. The court will only prosecute when
governments are acting to shield individuals from their national courts.

Human Rights Watch said the guarantees sought by the United States would
end up granting immunity to tyrants accused of genocide, crimes against
humanity, and war crimes.

Ninety-seven states have already signed the international criminal court
treaty. Twelve have already ratified it, including France, which
ratified on Friday, June 9.

"Helms' hearing is widening a schism between the U.S. and its closest
allies," said Dicker. He noted that the Organization of American States
has endorsed early ratification of the treaty, while the Southern
African Development Community and CARICOM have also indicated their
strong support for the court.

Dicker said that concerns about an American citizen falling victim to a
politically-motivated prosecution were misplaced. The treaty will not
allow the court to have jurisdiction over matters into which national
courts have already initiated an investigation.

"This court is meant for people like Foday Sankoh and situations like
Sierra Leone, where the justice system becomes inoperative amidst
turmoil and civil war," said Dicker. "These individuals need to be held
to account for their crimes. A strong and impartial court is desperately
needed in many parts of the world, and the United States, which has had
so much influence in shaping the court, should not stand in its way."

The negotiations on the court's Rules of Procedure and Evidence and
Elements of Crimes will conclude on June 30 in New York, after which the
pace of treaty ratification will likely accelerate. The treaty must be
ratified by 60 states in order to come into being. Human Rights Watch
said that goal may be reached as early as 2002.
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