UN Wire

November 27, 2000

WAR CRIMES: Delegates Attempt To Chart Relations Between Court, Countries

Delegates and legal advisers from scores of countries are beginning a two-week meeting in New York today to try to establish the relationship between the nascent International Criminal Court and individual countries.

The two main issues are whether and how information will be shared between UN peacekeepers and the ICC, and how the court's start-up costs will be funded. The costs of annual operation for the court are estimated to be at least $50 million.

Decisions on those issues may be delayed by a US refusal to submit its troops stationed abroad to the jurisdiction of the court. Observers say the United States is pursuing clauses in the ICC framework that would allow the UN Security Council to grant exemptions controlling which cases are sent to the court (Betsy Pisik, Washington Times, 27 Nov).

Legal observers have strongly criticized such exemptions. "An outright exemption would codify a two-tier system of justice: one for the United States and another for the rest of the world," said Human Rights Watch lawyer Richard Dicker.

So far, 115 countries have signed the treaty establishing the ICC, while 22 have ratified it. Countries have until 31 December to become party to the ICC by simply signing, not ratifying, the treaty (Crossette, New York Times/Sydney Morning Herald, 25 Nov).

Despite US opposition, William Pace, a court activist and lawyer, said the ICC will be established regardless of US policies. "The court is going to happen with the United States or without it," he said (Pisik, Washington Times).