The New York Times - Editorial

Monday, July 27, 1998

A WEEK INTERNATIONAL COURT

Even though his crimes were invoked by many who worked to create an international criminal court, it is doubtful that Saddam Hussein lost any sleep when it came into being in Rome on July 17. It was an important moment for those who longed to put some teeth into international law. More than 100 nations have now created an institution to prosecute people who commit international crimes. But the court's weaknesses will allow many of the worst criminals to escape trial.

The treaty creating the court still needs ratification by 60 nations. That could be a long process. The United States - along with six other nations, including China, Israel and India - refused to sign the treaty. Washington did its best to sabotage the court, and largely succeeded.

The court will allow prosecutors to collect information, bringing public attention to international crimes. In some cases, especially when the United Nations Security Council wishes, there will be trials.

But the treaty contains important loopholes. The most serious provides that before someone can be prosecuted either his government or the country where the abuse took place must consent. This will grant state-sponsored criminals impunity when their victims are their own countrymen, which is the case with most conflicts today. They can even travel freely. Only someone who commits genocide, crimes against humanity or war crimes on foreign soil should fear the court and even then the court may lack adequate power to prosecute.

The treaty, which was finished in a mad scramble, must still be refined. It is important to keep trying to make the court as strong as possible. Unfortunately Washington seems poised to continue its sabotage of the court. President Clinton has made some eloquent speeches about the importance of punishing and deterring genocide and other international crimes. Washington's shameful performance in Rome belies his commitment.