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Europe Daily Bulletin No. 8307
THE DAY IN POLITICS / (eu) eu/international criminal court

Towards authorisation of bilateral agreements with United States but according to very strict conditions

Brussels, 27/09/2002 (Agence Europe) - Following the work of their ambassadors on Friday, the Fifteen are close to an agreement on the International Criminal Court, say diplomats. European sources assure us that existing bilateral agreements must already allow to put in place - but to a limited extent - the exemptions requested by the United States. Beyond that, the Fifteen could thus authorise those of them who so wish - at least the United Kingdom and Italy - to conclude bilateral agreements with the United States, if they deem it necessary. Discussions are still going on on this point, but different diplomatic sources believe that the Fifteen will agree. Whatever, if there is agreement, it will be under well defined conditions. The red lines not to cross will at least be: 1) not to accept that any exemption concerns all American citizens and limit to the maximum the categories of persons concerned, a priori a persons "sent" by that country under the terms of Article 98.2 of the Court's statute, which should concern military personnel and diplomats; 2) ask for strict guarantees that the person in question is then judged in their country of origin and does not benefit from impunity; 3) not allow the Fifteen to take advantage of such a bilateral agreement to ask in return for an exemption for their own nationals. George Bush's United States, that annulled the American signing of the Court's treaty by the Clinton Administration, is now demanding that countries that have ratified the Treaty agree, by bilateral agreement, to American nationals not being judged by the ICC. The ICC Treaty took effect on 1 July. The Court should begin its work in earnest in March 2003, in the Hague, the Netherlands. Amnesty International, among other organisations, has severely criticised the will of the United States to sign bilateral exemption agreements.

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