U.S. Views Regarding the International Criminal Court

As we have previously noted here in the Permanent Council, the United States' concern with the International Criminal Court (ICC) remains a matter of great importance and vigorous debate.

Let it be clear that we, like the European Union and others at this table, strongly believe that those who perpetrate genocide, crimes against humanity, and war crimes must be held accountable, and that those horrendous deeds must not go unpunished. The United States has been a world leader in promoting the rule of law. We believe that a properly created court could be a useful tool in promoting human rights and holding the perpetrators of the worst violations accountable before the world.

But we cannot join the European Union in welcoming the entry into force of the International Criminal Court, which the United States believes to be fundamentally flawed.

Mr. Chairman, I have already noted on several occasions U.S. concerns regarding the ICC, but let me again summarize these concerns.

The United States strongly objects to the ICC's claims of jurisdiction over the nationals, including government officials and service members, of states not party to the treaty. We are concerned that the lack of accountability over the ICC and its prosecutors will result in politically motivated attempts to investigate and prosecute U.S. service members and other government officials. We strongly object to the ICC's claim to be able to unilaterally decide whether an U.S. investigation or prosecution was adequate. We think the treaty provides an opening for the ICC to undermine the role of the UN Security Council in determining when a state has committed an act of aggression.

Mr. Chairman, as I noted in a May 9 statement at the Permanent Council, "as a consequence of these defects, the ICC may constrain the willingness of the U.S. to engage in military operations, such as peacekeeping." Such a time has arrived.

We allowed the Security Council more than enough time to address our concerns over the ICC before it entered into force on July 1.

Let me reiterate that the strong commitment of the United States to peace and stability in the Balkans remains unchanged. Our policy on Bosnia peacekeeping is under review, and we will fully share U.S. views with this body and our allies when appropriate.

Our U.S. peacekeepers around the world adhere to the highest standards of behavior and justice, and are answerable to U.S. courts for any violations of those standards. Additional oversight by a prosecutor, subject to no further supervision, is not necessary.

We have been clear and consistent in communicating our concerns about the ICC since negotiations of the Rome Statute began. We worked especially hard in New York to impress on Security Council partners the seriousness of our position.

We do have a workable solution, spelled out in the draft resolution texts we have offered. Under Chapter VII of the UN Charter, the Security Council can provide protection from the ICC for participants in UN-authorized and UN-approved peacekeeping operations.

Contributing to peacekeeping missions exposes our citizens to hardship and risk to advance international peace and security. The U.S. wants to continue to contribute, but peacekeepers should not be asked to face unnecessary legal risks.

Again, we join the European Union and others in expressing our hope that a solution acceptable to all can be found within the deadline.

Thank you, Mr. Chairman.