In March the permanent International Criminal Court was inaugurated in The Hague. Ministers from 89 U.S. friends and allies witnessed the swearing in of the first 18 judges. The U.S. was noticeably absent from this historic occasion. Its absence symbolized the current administration’s movement away from our past leadership in promoting international law and justice.

Though the U.S. government has led the world in developing the standards of international criminal law now incorporated into the Rome Statute, it has been against the ICC. In preliminary negotiations, the U.S. tried to maintain control of the ICC by first arguing that the U.N. Security Council should decide whether the Court takes a case, and later insisting on an exemption for U.S. servicepersons and officials. These suggestions were rejected by those working on the Rome Statute, as violating the principle of individual criminal accountability. But compromise solutions were placed in the statute that gave the U.S. the primary right to investigate and try any U.S. national accused of a crime within the jurisdiction of the Court.

In Rome in 1998 around 140 states adopted the Rome Statute by consensus. The United States, along with Iraq, Israel, China, Yemen, Libya, and Qatar did not, but the Clinton Administration did continue to participate fully in the ongoing negotiations. The administration signed the statute in 2000 but called it flawed and recommended that the next administration not ratify it.

At the start of the current administration, President Bush sent small low-level delegations to the negotiations, but stopped completely in 2002. That May, the administration announced that it would not take part in any activity involving the ICC and would not cooperate with the Court once it was established. It stated that the United States was no longer legally bound by its signature to the Rome Treaty; in essence ‘unsigning’ the treaty.

Now, the Bush Administration is pushing other nations to sign bilat- eral agreements that would prevent the surrender of any U.S. citizen to the ICC. (This includes anyone who has worked for the military, including contractors.) By pressuring countries to accept these agree- ments, the U.S. is undermining foreign policy interests, damaging its image abroad and discrediting its efforts to promote human rights, democracy and rule of law abroad.

What Can Be Done?
The international community created the ICC to try those accused of war crimes and crimes against humanity when their own countries will not. It was organized to bring to justice those who have committed genocide. Some specific crimes covered are: widespread rape and slavery, the use of child soldiers, apartheid, enforced disappearances, and torture. Authorized to try leaders in office, the ICC could peacefully change regimes.

Tell Congress and the President to support U.S. cooperation with and membership in the ICC. It is the world’s best chance to stop arch criminals like Saddam Hussein before they become a threat to world peace. Support the ICC – without justice, there is no peace.

Luis Moreno Ocampo
On April 21st, 2003, the Assembly of States Parties—those who are party to the Rome Treaty establishing the International Criminal Court — elected its first prosecutor, Luis Moreno Ocampo. Moreno Ocampo is known for his success in prosecuting members of Argentina’s military junta, including the 1988 conviction of former dictator General Galtieri. Ocampo has battled corruption in Latin America and has taught at leading U.S. law schools, including Stanford, Yale and Columbia. Many in the U.S. who have criticized the establishment of an International Criminal Court have voiced fears of a rogue prosecutor who would be biased against the U.S. Moreno Ocampo, however, has good relations with the U.S., international credibility, and extensive professional experience. The Court could start hearing cases by the end of 2003.