Brussels, 02/07/2002 (Agence Europe) - "The EU deeply regrets that the US veto yesterday of a resolution extending the mandate of the UN mission in Bosnia-Herzegovina has placed the Security Council members in a difficult situation with regard to support for UN peacekeeping and adherence to their commitment to the ICC Statute", announced the Danish Presidency on Tuesday on behalf of the European Union, following clashes at the UN Security Council on Sunday between the United States and the other countries on the Security Council.
On Sunday, the US vetoed the six-month renewal of the United Nations' police mission in Bosnia-Herzegovina (UNMIBH) that ran out on Monday following the other countries refused to add a clause to the Statute of the Intentional Criminal Court (ICC) that came into force the same day stipulating that citizens of countries not party to the ICC's Statute should be exempt from its jurisdiction. Basically, the United States (which according to diplomatic sources is considering not ratifying the Treaty) does not want their peace-keeping forces to be brought before the ICC. In the hope of finding a solution, the mandate of the UN's mission in Bosnia has been temporarily extended until Wednesday, while negotiations are continuing at the UN Security Council. Close European sources suggested that the EU feels there are sufficient safeguards in the Treaty on the Statute of the ICC to reassure the US. For example, the ICC will not act as a court of first instance, but only for cases where such courts are absent in countries and hence countries have the option of their citizens first being tried by their own courts. Nevertheless, in order to find a compromise, what is currently rumoured to be under discussion is the use of Article 16 of the Treaty whereby the UN Security Council can ask the International Criminal Court to decline from investigating or trying certain individuals for twelve months. The same source suggested that this principle could be clarified or incorporated in the new mandate for the UN mission in Bosnia to break the deadlock. At a meeting with the Political and Security Committee (PSC) on Tuesday, Solana said that everything had to be done to reach a compromise to renew the UN's mandate, pointing out that the Balkans were the EU's top priority and that the EU was prepared for any eventuality, including speeding up its assumption of responsibility concerning the EU's police mission in Bosnia. The EU has not yet received a formal request from the United Nations, but is preparing if necessary to start its mission earlier than initially scheduled (1 January 2003). Sources suggest that despite its isolation on the UN Security Council, the US is threatening to veto the renewal of other UN missions if it does not get its own way. "The EU welcomes and affirms the positions set out in the statements made in explanation of vote in the Security Council by EU members France, Ireland and the United Kingdom, concerning immunity of peacekeepers. The EU hopes that members of the Security Council will therefore adhere to the Secretary General's strong appeal within the coming days. The EU would accept any solution that respects the Statute of the Court and does not undermine the effective functioning of the Court in conformity with the amended EU Council Common Position of 20 June 2002 endorsed by a number of associated States", concluded the Presidency.
Furthermore, NATO declared on Monday during an emergency meeting of the Permanent Council that the Stabilisation Force in Bosnia (SFOR) would not be affected by this controversy. According to officials, SFOR will remain deployed in Bosnia and no delegation, including that of the United States, spoke of withdrawing the force. The SFOR legal base is the Dayton Accords (which put an end to the war in Bosnia in 1995), and it does not require a UN mandate to be operational even if this does constitute a "plus". The absence of a UN mandate, which is not on the agenda in this case, would not, therefore, prevent SFOR from being operational but would have a negative consequence in the sense that Germany, whose Constitution stipulates that its participation in international military missions is linked to UN approval, could no longer take part.
EU welcomes entry into force of Treaty on Statute of International Criminal Court
The EU Declaration stresses that the entry into force of the International Criminal Court is a major breakthrough in the progressive development of international law. Congratulating all the parties that took part in the development of the Court (the States, NGOs, universities, etc.), the Danish Presidency states that the Union will do everything it can to assist the preparatory committee and its secretariat in their tasks and that it will encourage the largest number of States to ratify the Statute as the credibility and effectiveness of the Court largely depends on general acceptance within the international community. Currently, out of the 136 countries that signed the Treaty, only 74 have ratified it and are therefore submitted to the Court's jurisdiction. Recalling that, although the "past century has borne witness to the worst crimes in the history of humanity" few authors of these crimes have been brought to justice, the EU stresses that it is a matter of establishing, together, an International Criminal Court that is "credible, just and effective, and that will act as a deterrent to show that impunity will not be tolerated for long". The Danish Presidency concluded in its declaration saying they should, together, give life to the Court, and said the Central and Eastern European countries rallied to this.