Human Rights Watch warns of "toothless" tribunal

Urges Rome majority to resist U.S. blackmail


"We cannot endorse a toothless court which cannot fully investigate serious war crimes, which is blocked from taking up atrocities committed in civil wars and which allows tyrants to block their own prosecution."


Richard Dicker
Human Rights Watch




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(Rome, July 14, 1998) - As the Rome conference to create an International Criminal Court (ICC) enters its final days, results of Monday's debate again show a large majority of countries favoring a strong and independent court. According to Richard Dicker of Human Rights Watch, however, "the United States is playing hardball on key issues regarding the prosecutor, war crimes and the court's jurisdiction. It is trying to bend the great majority to its will. This could result in a toothless tribunal that would fail victims."

Richard Dicker called on the Rome majority to "stand firm against the United States lobbying campaign or any other government that attempts to kneecap this court. The United States is undermining the growing international consensus for a strong court."

"We cannot endorse a toothless court which cannot fully investigate serious war crimes, which is blocked from taking up atrocities committed in civil wars and which allows tyrants to block their own prosecution," said Dicker, who leads the ICC campaign for the New York-based Human Rights Watch.

Statistics compiled by Human Rights Watch from Monday's debate show that:

  • 47 of 59 (79.7%) states taking the floor supported the Korean proposal on jurisdiction which would allow the court to take up most cases when any one of several concerned states had ratified the court's statute, while only 12 supported options which would bar the court from acting unless specified states had ratified or consented..

  • 54 of 71 (76%) states spoke in favor of automatic jurisdiction for the core crimes of genocide, crimes against humanity and war crimes, while only 17 favored a kind of "opt-in" regime. Of the 15 African states that spoke, 14 supported automatic jurisdiction

  • 41 of 60 countries (68%) called for an independent prosecutor who can initiate cases.

    These majorities include the 60-member "like-minded" group comprising Canada, Australia and virtually all European countries (except France), as well as countries such as South Korea, South Africa, Philippines, Senegal, Brazil, Argentina and Chile.

    In a statement last Thursday, the head of the United States delegation, Ambassador David Scheffer, stunned diplomats with the threat that the U.S. would "actively oppose this Court" unless the U.S. prevailed in limiting the court's authority. "We hope other countries do not cave in to blackmail by the United States, which will not ratify the statute in any event," said Dicker.

    Even if other countries succumb to all U.S. demands, however, Scheffer only held out the promise that he "could seriously consider favorably recommending to the United States Government that it sign the ICC treaty at an appropriate time in the future."

    For further information in Rome, contact:
    Richard Dicker: (mobile) 39 335-345-629
    Reed Brody: (mobile) 39 348-3349972

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