Bush 'Unsigns' War Crimes Treaty

The Bush administration Monday formally renounced its obligations as a signatory to the 1998 Rome Statute to establish an International Criminal Court (ICC). Critics say the decision to "unsign" the treaty will further damage the United States' reputation and isolate it from its allies.

"Driven by unfounded fears of phantom prosecutions, the United States has hit a new nadir of isolationism and exceptionalism," said William Schulz, executive director of Amnesty International's U.S. section (AIUSA).

A simple three-sentence letter to U.N. Secretary-General Kofi Annan formally ended U.S. participation in an agreement to create the world's first permanent tribunal to prosecute war crimes, genocide, and other crimes against humanity. In the letter, Undersecretary of State for Arms Control and International Security, John Bolton, asserted that Washington "does not intend to become a party to the (Rome Statute of the ICC)" and that it "has no legal obligations arising from its signature (to the treaty) on December 31, 2000."

The ICC treaty -- which was signed by President Bill Clinton -- has been signed by almost 140 countries and ratified by 66 and takes formal effect July 1.

Right-wing hawks in the Bush administration have been gunning for the ICC even before the inauguration. The author of the U.N. letter, John Bolton, was perhaps the most outspoken foe of the Rome Statute in Washington even before his appointment to the State Department. As vice president of the neo-conservative American Enterprise Institute and a trusted adviser of Sen. Jesse Helms, Bolton argued that the Court compromises U.S. constitutional guarantees, U.S. sovereignty, and could be used to pursue politically-motivated prosecutions of U.S. troops stationed overseas.

He also helped draft a pending bill in Congress, the American Servicemen's Protection Act (ASPA), which not only bars any U.S. cooperation with the court, but also bars U.S. military aid to other countries unless they agree to shield U.S. troops on their territory from ICC prosecution. It also bans U.S. troops from taking part in UN peacekeeping operations unless the UN Security Council explicitly exempts them from possible prosecution.

One version of the bill, which is still being discussed in Congress, would open the way for the president to use force to free U.S. prisoners hauled before the ICC, which is to be located at The Hague, in the Netherlands.

The administration endorsed ASPA last fall on the condition that the president is given the authority to waive any of its provisions if he determines it is in the national interest to do so. Defense Secretary Donald Rumsfeld, among other unilateralist members of the administration, also signed a letter endorsing ASPA before Bush was inaugurated.

The Undersecretary of State for Political Affairs Marc Grossman reiterated concerns about U.S. sovereignty Monday when explaining the administration's decision. He complained the ICC and its prosecutors will not be under the control of the UN Security Council, where Washington has veto power. He expressed concern that citizens of countries that are not party to the treaty will still be subject to the Court's jurisdiction. Grossman also warned of a "chilling effect on the willingness of States to project power in defense of their moral and security interests" as the United States did in ousting the Taliban regime in Afghanistan.

The decision to "unsign" the ICC treaty followed a high-level debate within the administration between unilateralists -- mainly Vice President Dick Cheney and Bush appointees at the Pentagon -- and senior State Department officials who argued that the move would needlessly alienate European allies.

The hawks, who have strong support among Republican right-wingers in Congress, wanted to go much further by launching a campaign to undermine the treaty and the Court, as evident in the ASPA bill. One of the favored measures includes banning U.S. military aid and other assistance to countries which ratify the treaty or actively co-operate with the Court.