ELSINORE (Denmark), Aug 31: Britain and Italy broke European Union ranks in a transatlantic spat over the new war crimes court on Saturday, hinting that they might sign a bilateral immunity deal with the United States.
Both countries quickly sought to assuage their partners’ concerns, agreeing to wait until the 15-nation bloc has forged a common position on the legal admissibility of such pacts before taking any action.
But their wavering will be a comfort to Washington — whose efforts to keep Americans out of the International Criminal Court’s (ICC) reach has added to transatlantic strains over Iraq — and could deal a blow to the tribunal’s credibility.
EU foreign ministers agreed at a meeting in the Danish town of Elsinore to seek the opinion of their legal advisers on Article 98 (2) of the treaty that created the ICC, and then seek to arrive at a common stand by the end of September.
The United States argues that Article 98 (2) allows nations to negotiate for immunity for their forces.
US Secretary of State Colin Powell wrote to individual EU states earlier in August asking them to sign bilateral agreements granting immunity for US nationals on their territories.
But the European Commission, and several member states, have pressed the EU to forge a common front on the issue, rather than allowing Washington to divide them with bilateral accords.
Austrian Foreign Minister Benita Ferrero-Waldner spoke out openly Saturday about the need for a common position.
“There is a fundamental need for everyone to be open to prosecution,” she told reporters. “It is important that there is no immunity,” she added.
European Commission legal experts have already concluded that such pacts are not compatible with the treaty.But British Foreign Secretary Jack Straw said the article did indeed provide for bilateral agreements, and the only question was over the circumstances under which they could be reached.
“We should seek as far as possible to meet the wishes of our close allies,” Straw told reporters, when asked if Britain may sign a deal with Washington. “I’m not going to speculate on what we might or might not do, we’re keeping open the idea.”
Diplomats said Italian Prime Minister Silvio Berlusconi had indicated to Italian reporters on Friday that Rome was prepared to clinch a deal with Washington, following the controversial examples of Romania, Israel and East Timor.
“He (Berlusconi) is convinced there is a problem for the United States and no one can ignore that it is a real problem,” an Italian diplomat said.
“He wants the EU to take US concerns into consideration and try to achieve a common position taking into account the problems of the US and without jeopardising the ICC.”
But Italy subsequently reassured its partners in Elsinore that it would not take any hasty unilateral decisions.
The tribunal, which is expected to start functioning in The Hague, Netherlands, early next year, was set up to try individuals for atrocities, genocide, war crimes and systematic human rights abuses.
But the United States, which fears its soldiers overseas could be vulnerable to politically motivated charges, opposes the court. Last month, it won a year’s grace period from such prosecution after threatening to veto all peacekeeping operations in the U.N. Security Council.
Romania, a candidate country for the EU and NATO, drew sharp criticism from the European Commission for signing an agreement with Washington and the executive has since told other would-be members not to sign up until the EU has agreed its stand.
“The bottom line for the European Union is that the ICC should not be undermined,” said Danish Foreign Minister Per Stig Moeller, whose country currently holds the presidency of the EU.
“I am optimistic that we will be able to find a solution...our ambition is to arrive at an understanding with the US as soon as possible that meets US concerns without undermining the ICC.”—Reuters/AFP