Hyde Calls for ICC Immunity for UN Peacekeepers

U.S. Newswire ^ | 11 April 2002 | House International Relations Committee press release

[Vigilant1]

U.S. Newswire
11 Apr 14:26

Hyde, Others Seek Immunity from ICC Jurisdiction for U.S. Servicemembers in UN Peacekeeping Operations

To: National and International Desks
Contact: Sam Stratman of the House International Relations Committee, 202-226-7875; http://www.house.gov/international_relations

WASHINGTON, April 11 /U.S. Newswire/ -- The United States should seek immunity from the jurisdiction of the International Criminal Court (ICC) for 3,000 U.S. servicemembers deployed in Bosnia when the United Nations (U.N.) mandate for that peacekeeping operation is renewed in June, U.S. Rep. Henry J. Hyde (R-Ill.) suggested Thursday.

Hyde, chairman of the House International Relations Committee, and a bipartisan group of House and Senate members made the request to Secretary of State Colin Powell following Thursday's announcement in New York that the Rome Statute has been ratified by more than the 60 nations needed for the establishment of the ICC.

"Supporters of the ICC have persuaded themselves that the threat of U.N. prosecution will deter the Saddam Husseins and Slobodan Milosevics of the world. But we know you agree with us that dictators with the blood of thousands on their hands will scoff at the threat," the legislators said in their letter to Powell. "The real deterrent effect of the ICC will be on nations like our own that respect the rule of law and will in the future hesitate to act in situations like we faced in Kosovo in 1999."

Among those signing the letter are Hyde and Sens. Zell Miller (D-Ga.) and Jesse Helms (R-N.C.); and Reps. Tom Delay (R-Texas) and Bob Stump (R-Ariz.), chairman of the House Armed Services Committee.

"Supporters of the ICC have conceded that some countries may hesitate to participate in future U.N. peacekeeping operations if their military personnel are at risk of criminal prosecution by the ICC for activities undertaken by them on behalf of the United Nations," the legislators wrote. "The solution to this problem is for the United Nations Security Council to routinely include in Security Council resolutions establishing U.N. peacekeeping operations a grant of permanent immunity from ICC jurisdiction for personnel participating in the operation. Indeed, we would oppose any future U.S. military participation in U.N. peacekeeping operations where the Security Council refuses to grant such immunity to our personnel."

The United States participates in the Bosnian peacekeeping operation under the authority of U.N. Security Council 1357 which expires on June 21, 2002. Hyde noted that under the Dayton Accords of 1995, which established the peacekeeping operation in Bosnia, U.S. forces were granted full immunity from the criminal jurisdiction of the courts of Bosnia and Herzegovina. He added that U.S. service personnel accused of crimes in Bosnia are subject to prosecution under the Uniform Code of Military Justice.

"Now that the government of Bosnia is poised to ratify the Rome Statute, thereby imposing ICC criminal jurisdiction on those same forces, it is perfectly reasonable to ask the Security Council to grant immunity from ICC and ICTY (International Criminal Tribunal for Yugoslavia) jurisdiction corresponding to the grant of immunity from Bosnian criminal jurisdiction provided in the Dayton Accords."
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04/11 14:26

[Vigilant1]

"We are the UN - the law does not apply to us!"

[Rule of Law]

I love this ICC thing. It's a wonderful idea and I wish it had happened years ago. It might finally get the US to do the right thing.

TheICC applies to us even though we haven't ratified the treaty. It applies to everyone in the world whether they signed it or not. If the ICC says you're breaking interantional law, the UN can come and get you.

Needless to say, the ICC will be in the hands of the anti-American crowd. Any American action will be considered a crime by these guys. Probably the war on terrorism will be considered a crime.

They'll indict and convict GW Bush. And I'll be tremendously happy.

Because maybe then, they'll close down the UN. Something they should have done years ago.

[samtheman]

We should get out of Bosnia, get out of the UN, and kick the UN criminals out of the US.

[metalurgist]

Hyde should shut up and sit down. The U.S. government's position should be that we don't recognize the ICC and it has no authority over the U.S. and it's citizens. Any attempt to put Americans under ICC jurisdiction will be met with appropriate force.

Asking the U.N. to exempt our soldiers from the ICC authority legitimizes the court.

[VietVet]

Actually, it makes a lot of sense to put UN Peacekeepers under the jurisdiction of the ICC. They certainly aren't under the jurisdiction of the country in which they are serving, and one can see very good reasons for them not to be. So *some* civilian authority should have the jurisdiction to hold them accountable for their actions.

What doesn't make a whole lot of sense is to put any members of the US Armed Forces into one of these UN Peacekeeping Details. US Troops should be under US command and subject to US legal control. If they are sent to any foreign country, it should be at the request of that country's government in alliance with the US, or as an act of war against an enemy.

[madfly]

See related threads:

http://www.freerepublic.com/focus/news/664167/posts

http://www.freerepublic.com/focus/news/664137/posts

[kitchen]

"Supporters of the ICC have conceded that some countries may hesitate to participate in future U.N. peacekeeping operations if their military personnel are at risk of criminal prosecution by the ICC for activities undertaken by them on behalf of the United Nations," the legislators wrote. "The solution to this problem is for the United Nations Security Council to routinely include in Security Council resolutions establishing U.N. peacekeeping operations a grant of permanent immunity from ICC jurisdiction for personnel participating in the operation.

The real solution is to get the he!! out of the u.n.

[brat]

I agree. It connotes credibility.

[philman_36]

I concur. We aren't even in it and Hyde gives the impression that it is already a done deal.
Go home Mr. Henry.

[madfly]

Link to Radio Free Europe thread on the ICC and US opposition.

[The Scorpion King]

"Hyde, Others Seek Immunity from ICC Jurisdiction for U.S. Servicemembers in UN Peacekeeping Operations"

So we're supposed to give up our firearms thereby giving the U.N. Peacekeepers a monopoly on force, and then give them immunity from prosecution? Is this Mr. Hyde's idea of a joke?

[philman_36]

RIGHTS-US: Republicans Urge Clinton to Oppose ICC
''The United States must fight this treaty,'' declared Committee Chairman Jesse Helms in a written statement. ''We must be aggressively opposed to this Court.''
Snip...Republicans also rejected the treaty's notion of ''universal jurisdiction'' by which the actions of a state which did not join the treaty could still be subject to the court's jurisdiction.

[philman_36]

Not meaning to cross thread reference, but...
From above...the treaty's notion of ''universal jurisdiction'' by which the actions of a state which did not join the treaty could still be subject to the court's jurisdiction.
You stated...The UN can say all it wants "Your in" but it has no legal authority to do anything.
It sure sounds like they're saying "You're in". I'm not sure of the "legal authority" aspect, but it sure will be a club that the US will be beat over the head with.