Global Policy Forum

By Evelyn Leopold and Irwin Arieff

The United States abandoned its effort on Wednesday to seek a U.N. exemption for U.S. soldiers from prosecution overseas and withdrew a Security Council resolution because it lacked support.

"The United States has decided not to proceed further with consideration and action on the draft at this time in order to avoid a prolonged and divisive debate," said James Cunningham, the U.S. deputy ambassador. "We are dropping action on this resolution." Washington in the past has threatened to veto U.N. peacekeeping missions if the resolution giving it immunity from the new International Criminal Court were not adopted. Cunningham would not comment about whether it would carry out the threat this time.

The United States has rarely faced such opposition in the council, with the notable exception of its attempt to get U.N. endorsement for the invasion of Iraq last year. Since then, the council has backed Washington on its plans in Iraq, with far less acrimony than before the war.

But this year's specter of U.S. abuse of prisoners in Iraq and Afghanistan made it difficult for members to extend the resolution for the third time, even though analysts say the scandal would not come before the new tribunal, based in The Hague, Netherlands. U.N. Secretary-General Kofi Annan helped harden the position in the council by telling members last week to oppose the measure, saying it sent an "unfortunate signal any time -- but particularly at this time."

NOT ENOUGH VOTES

The Bush administration needed a minimum of nine "yes" votes in the 15-member Security Council for an exemption from the new International Criminal Court. But more than seven countries signaled they would abstain.

The resolution was first adopted in 2002 after the Untied States began to veto U.N. peacekeeping operations. It was renewed again last year. The current exemption will run out June 30, the date on which the U.S.-led occupation in Iraq is to hand over sovereignty to an interim government. The new court is to try individuals responsible for the world's worst atrocities, including genocide, war crimes and systematic human rights abuses. It announced on Wednesday its first case would be an investigation of killings and other abuses in the Democratic Republic of the Congo.

The Bush administration opposes on principle an international court having jurisdiction over U.S. soldiers abroad. It argues the court would hinder global peacekeeping obligations. Proponents of the court say it is a tribunal of last resort and only accepts cases when a nation is willing or unable to prosecute, making it unlikely a country with a functioning justice system, like the United States, would ever see its citizens before the court.

The resolution would have extended immunity from the court to all nations not among the 94 countries that have ratified a 1998 treaty establishing the court. It would exempt from prosecution all military and civilian personnel "related to a U.N.-authorized operation." This would include U.N. peacekeeping operations as well as missions endorsed by the council, such as the U.S. troops in Iraq. Washington has signed bilateral agreements with 90 countries that bar prosecution of U.S. officials by the court.

All European Union members, except for the Czech Republic, ratified backed the court. Among the EU council members, only Britain had said it would vote in favor of the resolution, while France, Germany and Spain made clear they would abstain.