Stephen Hadley
"Tribunal is Threat to USA," by Stephen Hadley
Wed Jul 23 03:24:36 2003
208.152.73.56

"Tribunal is Threat to USA," by Stephen Hadley
http://tokyo.usembassy.gov/wwwhse1533.html

This byliner by Stephen J. Hadley, who is the Bush administration's deputy national security adviser, first appeared in USA Today July 15 and is in the public domain. No republication restrictions.

(begin byliner)

Tribunal is Threat to USA
By Stephen J. Hadley

(Stephen J. Hadley is the Bush administration's deputy national security adviser.)

The U.S. has a number of serious objections to the International Criminal Court. Among them are the lack of adequate checks and balances on the powers of the ICC prosecutor and judges, and the lack of any effective mechanism to prevent the politicized prosecution of U.S. citizens. That's why the Clinton administration voted against the ICC in 1998 and why the Bush administration has consistently opposed it.

Despite these objections, the ICC has now come into being, with many of America's closest allies as strong supporters. The USA has not asked them to renounce the ICC. But the American people, through their elected leaders, have decided not to join. All the USA asks is that its decision - and U.S. sovereignty - be respected.

The ICC has failed to do that. To the contrary, the treaty would give the ICC authority to detain and try U.S. citizens even though the USA has not agreed to join the treaty or grant the ICC this jurisdiction. The ICC's assertion of authority is unprecedented under international law - and illegitimate and dangerous.

As a result, Americans in uniform who have been acquitted of charges in U.S. courts run the risk of prosecution for the same acts before the ICC. Americans who have put their lives on the line to defend freedom risk prosecution if the ICC is prepared to transform political criticism of America's world role into a criminal indictment. The USA has learned by bitter experience that unaccountable prosecutors constitute a danger to the rights and welfare of its citizens.

Because the ICC now exists, claiming the power to prosecute Americans, the USA has no choice but to protect its personnel from the ICC. That's why the USA sought and won United Nations Security Council protection from the ICC's jurisdiction for those involved in U.N. peacekeeping operations. For one year, the ICC may not investigate or prosecute them. In the coming year, the U.S. intends to negotiate bilateral agreements to protect U.S. personnel permanently from ICC jurisdiction without U.S. consent. These steps are fully consistent with the terms of the treaty.

President Bush is determined to protect U.S. citizens from the ICC. An effort by the ICC to detain an American would have serious consequences. No one should underestimate Bush's commitment on this issue.

(end byliner)

# # #