U.S. Presses for Exemptions as ICC Starts Picking Judges

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Friday, November 1, 2002
Author: 
Bruce Zagaris
Volume: 
18
Issue: 
11
480
Abstract: 
As the International Criminal Court (ICC) starts to prepare the appointment of judges and other start up operations, the United States Government is pressing its case to negotiate bilateral agreements to exempt U.S. nationals from the jurisdiction of the ICC. The IC is scheduled to start operation in March 2003. During the last PrepCom, the organizing assembly approved a budget of $ 39.37 million through 2003 and rules for electing 18 judges and a prosecutor. The rules are designed to ensure that recognized professional jurists would be selected and that governments must cast half their votes for women among the candidates. On the U.S. immunity issues the EU ministers of foreign affairs are expected to reach a compromise agreement. Rather than declaring bilateral accords between ICC signatories and the U.S. illegal, the ministers will establish tree ?general principles? for any ICC signatory choosing to agree to such an accord. The Bush Administration has intensified its lobbying for the agreements. For instance, on September 15, 2002, John R. Bolton, Under Secretary for Arms Control and International Security, explained that among the Administration?s problems are the ICC?s substantive and jurisdictional problems, the lack of accountability of the court and prosecutor, and the inability of deterrence due to perceived lack of effectiveness due to the ICC?s highly attenuated authority. Finally, the Administration strongly favors a ?case-by-case approach, politically and legally, rather than the inevitable resort to adjudications.?