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July
10th 2002
Dear Ambassador,
The International
Federation for Human Rights(FIDH) - a network of 116 national
Human Rights organizations in more than 90 countries - is deeply
concerned about recent proposals by the United States government
to introduce language into Security Council resolutions that
would exempt United Nations peace-keepers who are nationals
of States that are not parties to the International Criminal
Court (ICC) Statute from the jurisdiction of any international
tribunal, including the International criminal Court (ICC),
the International Criminal Tribunal for the former Yugoslavia
(ICTY), as well as any national court other than their own.
The US recent
demarches to obtain blanket immunity for their nationals have
resulted in the postponement of the Security Council resolution
needed to renew the mandate of the United Nations Mission in
Bosnia-Herzegovina (UNMIBH).
The US'
concerns of a politicized and partisan ICC are irrational. The
Rome Statute already contains many safeguards against politically
motivated prosecutions and pursuant to the principle of complementarity,
the ICC will only have jurisdiction if a state is unable or
unwilling to pursue prosecution at the national level.
Thus, national
jurisdictions will preserve their primary responsibilities of
prosecution and judgment.
On July
3, 2002 during a special plenary meeting of the tenth and final
session of the Preparatory Commission for the ICC, 116 States
expressed their opposition to the United States proposal on
the basis that it would amend the Rome Statute of the ICC, undermine
the effectiveness and independence of the new Court and threaten
the United Nations itself .
That same
day, U.N. Secretary General Kofi Annan sent a letter to Colin
L. Powell, U.S. Secretary of State where he indicates that "the
method suggested in the proposal [...] flies in the face of
treaty law since it would force States that have ratified the
Rome Statute to accept a resolution that literally amends the
treaty".
FIDH is deeply concerned that the ongoing procedure in the Security
Council illegitimately interferes with treaty making and with
the stability of established treaties. Amending an international
treaty is clearly outside of the Security Council's mandate,
as set out in the Charter of the United Nations, and is therefore
a violation of international law. As Secretary General Kofi
Annan declared in its July 3rd letter: "My concern is that
the only real result that an adoption by the Council of the
proposal would produce […] is that the Council risks being
discredited….[I]t is not in our collective interest to
see the Council's authority undermined."
The legal and political framework of international peace and
security should by no means be threatened to achieve unacceptable
compromises that would inevitably result in an "à
la carte" justice for the most serious crimes under international
law that are war crimes, crimes against humanity and genocide.
In a letter sent on July 3, 2002 to the Security Council "The
Preparatory Commission appeals to the member states of the Security
Council to ensure an outcome of those developments, which fully
respects the letter, and spirit of the Rome Statute of the International
Criminal Court" .
The ICC's jurisdiction is applicable equally to everyone without
any distinction made based on official capacity pursuant to
article 27 of the Rome Statute which provides that no immunity
will be recognized including that of head of state or government.
As a result, any exemption will result in a violation of the
Rome Statute.
On July 11th, 2002, the Security Council will convene an open
meeting allowing all Member States of the United Nations to
participate in a debate on the extension of the mandate of the
UNMIBH. The FIDH urges all members of the Security Council to
restate the views expressed or endorsed by their government
at the July 3rd plenary, during that open meeting and to reject
any resolution that would undermine the integrity of the ICC
Statute.
Yours sincerely,
Sidiki
Kaba
President
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