Europe Should Oppose U.S. Law on War Crimes Court

(New York, December 10, 2001) - European Union governments should
quickly express their opposition to the new American Servicemembers
Protection Act (ASPA), passed by the U.S. Senate on December 7, Human
Rights Watch urged in a letter to E.U. foreign ministers today.

The ASPA would empower the U.S. president to use "all means necessary
and appropriate" to free any American detained by the International
Criminal Court, which will prosecute individuals accused of genocide,
crimes against humanity, and war crimes.

The legislation would also restrict foreign aid to other countries
unless they prevent U.S. troops within their borders from being
delivered to the court.

All of the United States' allies in NATO strongly support the
International Criminal Court, and most have ratified the ICC treaty
already. In October, German Foreign Minister Joschka Fischer warned
in a letter to U.S. Secretary of State Colin Powell that "adopting
the ASPA would open a rift between the U.S. and the European Union on
this important issue."

"This legislation is a slap in the face to American allies in Europe,"
said Richard Dicker, director of the International Justice Program at
Human Rights Watch. "European governments have got to impress upon the
Bush administration how dangerous this legislation is."

Members of the U.S. House of Representatives and the Senate are
expected to meet this week to iron out differences in their
respective pieces of
legislation. The House passed its version of the bill in May. The Senate
version includes a provision allowing the U.S. president to waive the
restrictions on U.S. cooperation with the court and its supporters.

Human Rights Watch has strongly opposed the legislation in any form,
but urged that at the very least, the presidential waiver should be
included in the final version of the law.

Forty-seven nations have ratified the International Criminal Court
treaty, out of sixty needed to begin the process of establishing the
court. Enough states have expressed their intention to ratify that it
is expected the goal of sixty will be reached in the next year.

"The U.S. will not be successful in stopping this court," said Dicker.
"This kind of rearguard bullying achieves nothing but alienating key
U.S. allies."

Many European governments have also criticized the U.S. proposal to set
up military commissions to prosecute people accused of terrorism.

"We are getting a disturbing picture of what the Bush administration
sees as justice," Dicker said. "The standards of due process at the
international criminal court are much higher than those permitted by
President Bush's order on military commissions."

The European Union adopted a "Common Position" on the International
Criminal Court on June 11. Article 2 of the Common Position states that
in order to contribute to early entry into force of the ICC treaty,
"the European Union and its Member States shall make every effort to further
this process by raising the issue of the widest possible ratification,
acceptance, approval or accession to the Rome Statute."

Human Rights Watch urged European Union governments to redouble their
efforts to ensure the early entry into force of the ICC treaty. Because
some states intending to ratify the ICC treaty may now be intimidated
by the new U.S. legislation, EU governments should offer reassurances that
they stand more firmly than ever behind the court, Human Rights Watch
said.

For more information on the American Servicemembers Protection Act and
the International Criminal Court, please see:

U.S.: Waiver Needed for War Crimes Court (HRW Press Release, December
10, 2001) at http://www.hrw.org/press/2001/12/ASPA1210.htm

U.S.: Don't Support Legislation Against War Crimes Court (HRW Press
Release, October 5, 2001) at
http://www.hrw.org/press/2001/10/icc1005.htm

Key Documents on the International Criminal Court (HRW Focus Page) at
http://www.hrw.org/campaigns/icc/

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Joydeep Sengupta
Communications and Outreach Associate
Coalition for the International Criminal Court
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