Global Policy Forum

By Anthony Deutsch

International legal experts began laying the groundwork for the world's first permanent war crimes tribunal Wednesday, without U.S. backing.

A permanent court to try those responsible for war crimes – and possibly terrorist attacks – is expected to open in the Netherlands next year with the support of the majority of the international community.

The United States, however, opposes the court, which could put Americans on trial for alleged atrocities.

"Everybody in the room should be aware that we will not be a part of it. We will not be there," Pierre-Richard Prosper, the U.S. ambassador for war crimes, told the Preparation for the International Criminal Court conference.

The 1998 Rome treaty establishing the court needs 13 more ratifications to come into force. So far, it has the support of nearly every European country, including key U.S. allies Germany, England and France.

Some delegates accused the United States of seeking justice for everyone but its own nationals.

Dutch Foreign Affairs Minister Jozias van Aartsen said the Sept. 11 terror attacks are "precisely" the sort of crimes that should be prosecuted by the permanent court. The U.S. fears are "simply not realistic," he said.

The United States is sending the wrong signal, he said, and "will not benefit from going it alone. It will be counterproductive" in the fight against terrorism, van Aartsen said.

Under the Clinton administration, the United States signed the Rome statute along with more than 100 other countries. But Prosper maintained Wednesday that the treaty "lacks essential safeguards" to fend off biased prosecution.

The criminal court is among international issues, including the Kyoto Protocol on global warming and the anti-landmine treaty, that has divided the United States and its allies over the past year.

The Bush administration has opposed the court all along, and since the September attacks has said it prefers to try suspects in its own courts or at military tribunals.

Legislation passed by the Senate last week would authorize President Bush to "use all means necessary" to free U.S. citizens detained in The Hague and to sanction countries that cooperate with the tribunal. "Our views and approach may differ from some people in this room, but our goals are common," Prosper told delegates. "We remain committed to working with the world community."

The international court was designed as a neutral body that would fill the function of such ad hoc U.N. tribunals as those for the former Yugoslavia and Rwanda.

Former Yugoslav President Slobodan Milosevic is among those being tried in a U.N. war crimes court.

Advocates believe it also could prosecute terrorists who operate outside a conventional war, such as members of al-Qaida, Osama bin Laden's organization.

The court, however, would not consider crimes committed before its creation.

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