- WASHINGTON (Reuters) - A senior U.S. official
said a principal motive for U.S. opposition to the newly created International
Criminal Court was fear that the court might prosecute the president or
other civilian or military leaders.
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- "Our concern goes beyond the possibility that the
prosecutor will target for indictment the isolated U.S. soldier. ... Our
principal concern is for our country's top civilian and military leaders,
those responsible for our defense and foreign policy," Under Secretary
of State John Bolton said in a speech released on Friday.
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- "A fair reading of the treaty (setting up the court)
leaves one unable to answer with confidence whether the United States would
now be accused of war crimes for legitimate but controversial uses of force
to protect world peace," Bolton told the Federalist Society in Washington
on Thursday.
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- "No U.S. presidents or their advisors could be assured
that they would be unequivocally safe from politicized charges of criminal
liability," he added.
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- That fear, which U.S. officials have rarely if ever articulated
in public, explains why the United States opposed a compromise offered
in September by the European Union, which is strongly in favor of the new
court.
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- When Washington lobbied European governments this year
for immunity for U.S. personnel, the Europeans suggested limiting liability
to U.S. soldiers and officials sent overseas.
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- 'RESTRAIN AMERICAN DISCRETION'
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- "There are many Americans that are not diplomats
and troops," said State Department spokesman Richard Boucher, explaining
why Washington thought the offer inadequate.
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- Bolton, a hawk who opposes international obligations
which tie Washington's hands, said top U.S. civilian and military leaders
ran the risk of prosecution in the international court "as part of
an agenda to restrain American discretion."
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- He likened the international prosecutor to the U.S. independent
counsels who have harassed U.S. presidents.
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- The most famous of those was Ken Starr, who led the investigation
into the financial and sexual affairs of former President Bill Clinton,
which led to his impeachment.
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- "That history argues overwhelmingly against international
repetition. Simply launching massive criminal investigations has an enormous
political impact.
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- "Although subsequent indictments and convictions
are unquestionably more serious, a zealous independent prosecutor can make
dramatic news just by calling witnesses and gathering documents, without
ever bringing formal charges," Bolton said.
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- The international court came into being on July 1, with
a mandate to prosecute genocide and crimes against humanity.
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- The United States has refused to cooperate with the court
and is trying to persuade other countries to sign bilateral agreements
giving U.S. personnel immunity from prosecution.
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- So far 13 countries have signed such agreements and Bolton
said the United States would soon have negotiations on agreements with
countries in the Middle East and South Asia.
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