US Withdraws ICC Resolution
From VOA News:
The United States has withdrawn a controversial U.N. resolution that would have extended U.S. peacekeepers' immunity from international prosecution for war crimes. The measure was facing certain defeat.
Deputy U.S. Ambassador James Cunningham emerged from a closed-door Security Council meeting to say he was withdrawing a request for a continued U.S. exemption at the International Criminal Court.
"We believe our draft and its predecessors fairly meet the concerns of all. Not all council members agree, however, and the United States has decided not to proceed further with consideration and action on the draft at this time in order to avoid a prolonged and divisive debate."
Matt's Chat
I call for the immediate recall of all US forces participating in UN operations everywhere. Effective immediately.4:45PM Update
One of K-Lo's Cornerite lawyer types let's us know this isn't that big a deal anyway.As a legal matter, the US doesn't really need the resolution. The ICC cannot, lawfully, claim authority over the citizens of non-party states because it is, after all, a treaty organization that cannot bind, or derogate from the rights of, states that are not also parties. The claims of some ICC supporters, and the ICC prosecutor, to the contrary are just wrong. If the ICC prosecutor decides to move forward and claim jurisdiction over the US, however, a UN resolution is not likely to stop him. If that happens, the US does not have to submit, and the American Servicemembers protection act authorizes the use of force to protect Americans from the ICC overseas.So...there ya have it...
In addition, given the astounding success the Pentagon has had in obtaining "Article 98" agreements (more than 90 so far, under which countries agree not to hand Americans over to the ICC), the UN resolution is less and less relevant -- from a practical legal perspective.
However, from the political perspective, the UN resolution was important as an open and undeniable statement that the US would not participate in UN missions unless its rights were respected.
6/24 Update
Raging Dave of Four Right Wing Wackos wraps this one up nicely: this is a Bush Rope-A-Dope...Summary: We already have on the books a law that prohibits POTUS from deploying troops in a peacekeeping operation in which there has not been obtained a certification that American troops would not be at risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court.
