The New York Times

Wednesday, December 13, 2000

REVISITING THE WORLD CRIMINAL COURT

Two years ago, representatives of virtually every country met in Rome to complete work on the design of an International Criminal Court. The finished document was endorsed by 120 nations. Only seven voted against it among them Iraq, Libya, China and the United States. Now President Clinton has a last chance to reverse this mistake and embrace the court.

The United States, which has been a strong proponent of international tribunals for war crimes in the Balkans and Africa, balked at a permanent court that would be able to judge those accused of genocide, crimes against humanity or war crimes worldwide. Despite safeguards that would allow the court to take over only if national governments were unable or unwilling to bring the accused to justice, the Pentagon worries that the court could be used to try American soldiers unjustly.

The Pentagon's objections are misplaced, as the court will have sufficient safeguards to prevent frivolous prosecutions. But the Defense Department has been vehement enough to keep the United States from endorsing a court that would further American interests. As one of the nations most often asked to clean up the messes created by troublemakers like Slobodan Milosevic and Saddam Hussein, the United States would greatly benefit from the existence of a court that could try such men and put them behind bars.

Mr. Clinton's signature now would not make the United States a party to the treaty that created the court. That would require ratification by the Senate, which would be desirable but is unlikely to happen soon. By signing, however, Mr. Clinton would encourage eventual ratification, preserve American influence in continuing discussions about the details of the court and maintain Washington's global leadership in human rights and efforts to bring international criminals to justice.

Mr. Clinton can sign until the end of the year. After that, countries must simply ratify the treaty. His signature now would further American interests and the cause of justice worldwide for decades to come.