The New York Times

Wednesday, January 3, 2001

Bush Aide Says Pact on Global Tribunal Faces New Review

By THE ASSOCIATED PRESS

WASHINGTON, Jan. 2 - A treaty aimed at establishing an international war crimes tribunal is flawed and will not go to the Senate for approval in its current form, President-elect Bush's spokesman said today.

President Clinton signed the treaty on Sunday but recommended that Mr. Bush not submit it to the Senate until certain misgivings had been addressed.

"We concur," said Ari Fleischer, a spokesman for Mr. Bush. "We have no intent of sending the treaty up in its current form. We will review it when we come into office. But we are concerned with a flawed treaty."

At issue is the American role in the International Criminal Court, which is intended to bring to justice people accused of crimes against humanity. The world's nations have dealt with such allegations in tribunals established for specific cases in specific countries. Tribunals were established in the 1990's to work on crimes committed in the former Yugoslavia and in Rwanda.

A spokesman for the State Department, Richard Boucher, said that by signing the treaty "the United States is in a position to influence the further evolution of the treaty."

In signing the pact, Mr. Clinton said, "A properly constituted and structured International Criminal Court would make a profound contribution in deterring egregious human rights abuses worldwide."

Sunday was the deadline for signing the treaty. After that, ratification is the sole method for a government to express support for the treaty or associate with it.

The treaty has encountered vigorous opposition from the chairman of the Senate Foreign Relations Committee, Jesse Helms, Republican of North Carolina. He has pledged to give priority in the new Congressional session to passage of a bill that would bar United States cooperation with any such tribunal.

Mr. Helms said Mr. Clinton's action was a blatant attempt "to tie the hands of his successor." He added that he feared that the court would subject American service members to prosecution.

Farhan Haq, a spokesman for the United Nations, said the organization hoped that the United States and the 138 other countries that had signed the treaty would eventually ratify it.

"Certainly the signature by the U.S. government on Sunday was a tremendous step forward in terms of showing U.S. support for this court, and we hope that that continues," Mr. Haq said.

He noted, however, that "even if only half that number go on to ratify it, this treaty will in fact enter into force."

The treaty will take effect after 60 countries have ratified it. Twenty-seven have done so.