The New York Times

Wednesday, January 3, 2001

A Step Toward International Justice

In signing the treaty establishing an international criminal court, President Clinton served American interests and the cause of justice worldwide. The court will enter into force when 60 countries ratify the treaty, which should happen in a few years. The court will then be empowered to try people accused of genocide, crimes against humanity and war crimes. The Senate must still ratify the treaty, which is not likely to happen soon. But by signing it, Mr. Clinton has insured that Washington can have a voice in affecting the shape of the court.

Washington's cooperation is under attack from conservatives in Congress and members of the incoming Bush administration. The most common objection is that American troops abroad might be subject to politically motivated prosecution. But the court is designed to deal with the most serious international crimes, and will try people only if they are not prosecuted at home. There are safeguards to prevent frivolous prosecutions.

Nevertheless, Senator Jesse Helms's chief aide has said that fighting the court will be a top priority. The senator is likely to reintroduce a bill that would cut off American military aid to non-NATO countries that ratify the treaty. The bill would prohibit United States troops from participating in United Nations peacekeeping missions unless the U.N. Security Council exempts them from the court's jurisdiction. It would also authorize the president to use any means "necessary and appropriate" - including, presumably, military action - to free Americans who are indicted and detained by the court.

This mischievous bill is no favor to the Bush government, though some top Bush appointees have opposed establishment of the court. The bill would severely constrain the administration's ability to form a balanced foreign policy in the critical opening months of the new administration and could also constrain its operations abroad. The new administration might be unable to take part in peacekeeping missions it finds important. It could also be forced to cut off aid to nations like South Korea or Colombia that are likely to ratify the treaty.

President Bush would be wise to forgo outright denunciation of the court or any attempt to discourage other countries from ratifying the treaty. This is an issue that should be allowed to rest while the new president organizes his overall foreign policy and consults with allies on a range of potentially divisive issues. At any rate, the administration ought to send delegates to international meetings still hammering out the details so that America retains influence on matters such as the court's financing and jurisdiction.

Many members of Mr. Bush's cabinet, including the secretary of state-designate, had intimate knowledge of the atrocities committed by Saddam Hussein. They also calculated that his capture was not worth the loss of American lives. Colin Powell and his colleagues should thus welcome a court that could indict a future Saddam Hussein and create an international movement for his capture.