The New York Times

Tuesday, December 12, 2000

U.S. Envoy Tackles Objections to Tribunal on War Crimes

By BARBARA CROSSETTE

UNITED NATIONS, Dec. 11 - When the Clinton administration's special envoy on war crimes wrapped up his last negotiating session on the formation of an International Criminal Court last week, he left on the table a new proposal intended to assuage fears of Americans opposed to the court.

The envoy, David Scheffer, has been negotiating for five years to bridge a widening gap between Secretary of State Madeleine K. Albright, a supporter of the court, and the Pentagon and Congressional Republican leaders who either reject the court on principle or want guarantees that no American will ever be tried by it.

The court would be the first permanent international tribunal set up to try individuals on charges of genocide, war crimes and other crimes against humanity. Opponents fear that with United States power a large target anywhere, Americans on duty abroad would be vulnerable to frivolous or ideologically motivated prosecutions.

Mr. Scheffer said in an interview he believed that the safeguards against such cases already existed, because the court reserves the rights of nations to conduct their own trials of military personnel accused of crimes abroad, as the United States does in courts-martial. But for good measure, the American delegation proposed on Thursday two tests of admissibility before a citizen of any country could be surrendered for trial.

Mr. Scheffer called his proposal, to be discussed further in February, an "insurance policy" that should calm fears by doubling a procedure already in the treaty, which was adopted in June 1998 in Rome. More than 100 nations have signed and 25 have ratified the treaty. The United States has done neither, as President Clinton deferred to the Pentagon and Congress.

"This proposal is important," Mr. Scheffer said of the American plan, "because it will provide assurances to contributors to international peace and security, contributors to international peacekeeping operations, that if any of their personnel are charged with crimes, that the court will undertake a rigorous review of the admissibility of the case before any individual is in fact surrendered to the court. We're simply saying at this moment of surrender, check that admissibility box again."

Many nations support the idea, which would not require a revision of the court's statute.

Mr. Scheffer, who has worked on codifying the crimes to be dealt with by the court, as well as in drawing up ad hoc criminal tribunals for the Balkans, Rwanda, Cambodia and Sierra Leone, said he hoped that a new administration in Washington would preserve his office when his term ends next month.