Tag: Clinton

  • The Battle Lines Are Being Drawn over the International Criminal Court

    The battle lines are being drawn between those who believe in the rule of law and those who do not. A powerful and respected American voice that has been raised to support the establishment of the International Criminal Court. It rebuts the ill-informed and misguided views of those who denounce the proposed court as a threat to American interests and military personnel. It deserves the widest possible dissemination by those who support the ICC.

    Monroe Leigh has been Legal Adviser to both the State and Defense Departments. He is a past President of the American Bar Association and the American Society for International Law and is an outstanding authority. On Feb. 21, 2001, he wrote to Chairman Hyde, of the House Committee on International Relations, that the Bill introduced by Senator Jesse Helms (The American Service Member’s Protection Act S.2726, June 14, 2000) as a preemptive strike against the ICC, (and opposed by the State and Defense departments) was replete with misconceptions . Nonetheless, the Senator had managed to obtain signatures from, a dozen distinguished American leaders, including ex- Secretaries of State, CIA and National Security Advisers, in opposition to the ICC. Leigh, ever the gentleman, said the signatories were simply misinformed. In fact, assured Leigh, the ICC would offer greater protection to Americans in military service than now exits at home or abroad.

    Leigh warned that persistent efforts by U.S. negotiators to exempt American military personnel from legal restraints that other nations were being asked to accept could only exacerbate relations with our allies. To rebut the signatories assembled by Helms, ten former Presidents of the America Society of International Law, including its Honorary President Stephen Schwebel, added their names to the Leigh memo. These very distinguished American jurists – in their personal capacities – concluded that the U.S. should accept the Treaty for an ICC “without change in the text.”

    To top it off, Monroe Leigh wrote a COMMENT that will appear in the next issue of the prestigious American Journal of International Law (Vol.95.No.1, A. 2001). He analyzes the arguments put forward by those who would reject the ICC – described by Leigh as “the most important international juridical institution that has been proposed since the San Francisco Conference of 1945.” He notes that under existing international law the sovereign of the territory where a crime is committed has jurisdiction to try the captured offender. The notion that U.S. nationals cannot be tried for war crimes if their government is not a party to the ICC treaty is not supported by existing international law as recognized by the highest U.S. courts. Strident demands for exceptionalism can only reinforce suspicions about American hegemonic ambitions. Leigh notes ICC provisions that give national courts absolute priority to try the accused in a fair trial. He ridicules “the specter of the politically motivated Prosecutor” and spells out the many safeguards that will prevent abuse and protect the rights of the accused. He dismisses the criticism that the ICC might deny due process to U.S. service personnel as “totally misplaced.” His conclusion: “In sum, the United States can most effectively protect its national-security interests, as well as the individual interests of U.S. nationals, by accepting the Statute of Rome – better sooner than later.”

    Many others, of course, have spoken out in favor of the Court, including the excellent survey of legal experts by the American Academy of Arts and Sciences.. The conclusion of that comprehensive study, articulated by Harvard Law Professors Abram Chayes and Anne-Marie Slaughter: “The United states should be taking the lead in shaping these new institutions. It is not too late.” Opponents of the ICC do not speak for the United States. Leigh, a conservative “establishment” man of impeccable credentials, has raised a respected voice in opposition to unsound harangues coming from uninformed adversaries.. (I am grateful to Heather Hamilton of the World Federalist Association for drawing my attention to the Leigh correspondence.)

    Despite the organized and vocal opposition to the ICC, President Clinton directed Ambassador Scheffer (who represented the U.S. at the U.N. with distinction) to sign the Treaty at the last moment. It was an important symbolic act – showing that the outgoing Administration favored the goals of the ICC, despite need for improvements. Opponents of the ICC howled with anger and threatened to erase the signature – a rather bizarre suggestion. The U.S. now sits silent at the U.N. deliberations. The new Republican Administration will have to be persuaded that the ICC is in our national interest. Let the voice of the informed public now be heard

  • Statement by the President on Signing the International Criminal Court Treaty

    The United States is today signing the 1998 Rome Treaty on the International Criminal Court.In taking this action, we join more than 130 other countries that have signed by the December 31, 2000 deadline established in the Treaty. We do so to reaffirm our strong support for international accountability and for bringing to justice perpetrators of genocide, war crimes, and crimes against humanity. We do so as well because we wish to remain engaged in making the ICC an instrument of impartial and effective justice in the years to come.

    The United States has a long history of commitment to the principle of accountability, from our involvement in the Nuremberg tribunals that brought Nazi war criminals to justice, to our leadership in the effort to establish the International Criminal Tribunals for the FormerYugoslavia and Rwanda. Our action today sustains that tradition of moral leadership.

    Under the Rome Treaty, the International Criminal Court (ICC) will come into being with the ratification of 60 governments, and will have jurisdiction over the most heinous abuses that result from international conflict, such as war crimes, crimes against humanity, and genocide. The Treaty requires that the ICC not supercede or interfere with functioning national judicial systems; that is, the ICC Prosecutor is authorized to take action against a suspect only if the country of nationality is unwilling or unable to investigate allegations of egregious crimes by their national. The U.S. delegation to the Rome Conference worked hard to achieve these limitations, which we believe are essential to the international credibility and success of the ICC.

    In signing, however, we are not abandoning our concerns about significant flaws in the Treaty. In particular, we are concerned that when the Court comes into existence, it will not only exercise authority over personnel of states that have ratified the Treaty, but also claim jurisdiction over personnel of states that have not. With signature, however, we will be in a position to influence the evolution of the Court. Without signature, we will not.

    Signature will enhance our ability to further protect U.S. officials from unfounded charges and to achieve the human rights and accountability objectives of the ICC. In fact, in negotiations following the Rome Conference, we have worked effectively to develop procedures that limit the likelihood of politicized prosecutions. For example, U.S. civilian and military negotiators helped to ensure greater precision in the definitions of crimes within the Court’s jurisdiction.

    But more must be done. Court jurisdiction over U.S. personnel should come only with U.S. ratification of the Treaty. The United States should have the chance to observe and assess the functioning of the Court, over time, before choosing to become subject to its jurisdiction. Given these concerns, I will not, and do not recommend that my successor submit the Treaty to the Senate for advice and consent until our fundamental concerns are satisfied.

    Nonetheless, signature is the right action to take at this point. I believe that a properly constituted and structured International Criminal Court would make a profound contribution in deterring egregious human rights abuses worldwide, and that signature increases the chances for productive discussions with other governments to advance these goals in the months and years ahead.

  • 68 Leaders Call for the De-Alerting of Nuclear Weapons

    The Honorable William Jefferson Clinton
    The White House
    Washington, DC 20500

    The Honorable Boris Yeltsin
    The Kremlin
    Moscow, Russia

    Dear President Clinton and President Yeltsin:

    When you come together in your forthcoming meeting, we urge you to set a course so that Earth may enter the new millennium with all nuclear weapons taken off high alert status. One straightforward method to accomplish this would be to separate warheads from their delivery vehicles and place them in secure storage.

    We ask that the United States and Russia mutually commence the de-alerting process no later than January 1999 and complete the task no later than December 31, 1999. We ask you to work with the United Kingdom, France, and China so that they will likewise take their nuclear arsenals off alert within that time frame.

    With the Cold War over for nearly ten years, the United States, Russia, the United Kingdom, France, and China maintain peaceful relations and carefully avoid military confrontation. Yet all five nations live in a condition of nuclear insecurity because of the danger of accidental or unauthorized launch of missiles kept on hair-trigger alert. They face the risk of attack by missiles launched on warning due to miscommunication or misinterpretation of data. By removing these dangers, mutual de-alerting will substantially enhance the national security of all the nuclear weapon states.

    Mutual de-alerting is an action which the two of you can carry out through executive action. This is what your predecessors, President George Bush and President Mikhail Gorbachev, did in the fall of 1991 when they reduced the alert status of strategic bombers and a sizable number of intercontinental ballistic missiles. In 1994 you two took a positive step when you agreed to stop aiming strategic missiles at each other’s country. It is well within the purview of executive authority to move now to de-alerting your respective nuclear arsenals.

    De-alerting carries the endorsement of a variety of groups, including the Canberra Commission (1996), a statement of 60 generals and admirals leaders from around the globe (1996), the National Academy of Sciences in the United States (1997), a statement of 117 civilian leaders, including 47 past and present heads of states and prime ministers (1998), and the recent New Agenda Declaration by the foreign ministers of Brazil, Egypt, Ireland, Mexico, New Zealand, Slovenia, South Africa, and Sweden (1998). This approach also has the support of a variety of religious bodies and numerous non-governmental organizations.

    De-alerting would be very welcome by all the people of Earth who would like to enter the new millennium free from the fear of nuclear destruction. We hope that you will take advantage of the opportunity to lead the world in this direction.

    Sincerely yours,

    Organizations from the United States
    Howard W. Hallman, Chair
    Methodists United for Peace with Justice

    Robert W. Tiller, Director of Security Programs
    Physicians for Social Responsibility

    Joe Volk, Executive Secretary
    Friends Committee on National Legislation (Quakers)

    Donnan Runkel, Executive Director
    Peace Links

    Christopher Ney, Disarmament Coordinator
    War Resisters League

    Anne Anderson, National Coordinator
    Psychologists for Social Responsibility

    Ellen Thomas
    Proposition One Committee

    Paul F. Walker, Ph.D., President
    Veterans for Peace

    Robin Caiola, Executive Director
    20/20 Vision

    Michael Mariotte, Executive Director
    Nuclear Information and Resource Service

    Gordon S. Clark, Executive Director
    Peace Action

    Susan Shaer, Executive Director
    Women’s Action for New Directions

    Daniel Plesch, Director
    British-American Security Information Council

    John Isaacs
    Council for a Livable World

    Tim Barner
    World Federalist Association

    David Krieger, President
    Nuclear Age Peace Foundation

    Clayton Ramey
    Fellowship of Reconciliation

    Mary H. Miller, Executive Secretary, and Rev. David Selzer, Chair
    Episcopal Peace Fellowship

    Marie Dennis, Director
    Maryknoll Office for Global Concerns

    Jay Lintner, Director, Washington Office
    United Church of Christ, Office for Church in Society

    Curtis Ramsey-Lucas, Director of Legislative Advocacy
    National Ministries, American Baptist Churches

    Bishop Walter F. Sullivan, President
    Pax Christi USA

    Margaret N. Spallone, Recording Secretary
    Abolition 2000 Working Group of the Philadelphia Yearly Meeting of the
    Religious Society of Friends

    L.William Yolton, Executive Secretary
    Presbyterian Peace Fellowship

    Kathy Thornton, RSM, National Coordinator
    NETWORK: A National Catholic Social Justice Lobby

    Rev. Robert Moore, Executive Director
    Coalition for Peace Action (New Jersey)

    Ralph Hutchison, Coordinator
    Oak Ridge Environmental Peace Alliance (Tennessee)

    Marylia Kelley, Executive Director
    Tri-Valley CAREs (California)

    Byron Plumley, Disarmament Program Director
    American Friends Service Committee (Colorado Office)

    Greg Mello
    Los Alamos Study Group (New Mexico)

    David Buer, Interim Director
    The Nevada Desert Experience (Nevada)

    Jonathan Parfrey, Executive Director
    Physicians for Social Responsibility/Los Angeles

    Wayne Shandera, MD
    Physicians for Social Responsibility/Houston

    Peter Wilk, MD, Co-President
    Physicians for Social Responsibility/Maine

    Ed Arnold, Executive Director
    Physicians for Social Responsibility/Atlanta

    Robert M. Gould, MD, President
    Physicians for Social Responsibility/Greater San Francisco Bay Area

    Herbert M. Perr, MD
    Physicians for Social Responsibility/Nassau County

    Jennifer Aldrich, Executive Director
    Physicians for Social Responsibility/Oregon

    Wendy Perron, Executive Director
    Physicians for Social Responsibility/New York City

    Josiah Hill III, PA, President
    Physicians for Social Responsibility/Oregon

    Daniel Kerlinsky, MD
    Physicians for Social Responsibility/New Mexico

    Martin Fleck, Executive Director
    Physicians for Social Responsibility/Washington

    Wells R. Staley-Mays, Director
    Peace Action/ Maine and Physicians for Social Responsibility/Maine

    Jonathan M. Haber
    Action Site to Stop Cassini Earth Flyby (Massachusetts)

    Harry Rogers, Nuclear Issues Coordinator
    Carolina Peace Resource Center (South Carolina)

    Organizations from other nations
    John Hallam
    Friends of the Earth
    Australia

    Zohl de Ishtar
    Women for a Nuclear Free and Independent Pacific
    International Peace Bureau
    Australia

    Graham Daniell
    People for Nuclear Disarmament
    Western Australia

    Babs Fuller-Quinn, Coordinator
    Australian Peace Committee (National Office)
    Australia

    Irene Gale, Secretary
    Australian Peace Committee (South Australian Branch)
    Australia

    Pauline Mitchell, Secretary
    Campaign for International Cooperation and Disarmament
    Australia

    Debbie Grisdale, Executive Director
    Physicians for Global Survival
    Canada

    Norman Abbey, Director
    Nanoose Conversion Campaign
    Canada

    Joanna Miller
    Project Ploughshares
    Canada

    Peter Coombes, President
    End the Arms Race
    Canada

    Caterina Lindman, Chair
    St. Jerome’s University Social Justice Committee,
    Canada

    Peter G. Rasmussen, Co-chairperson
    Pax Christi
    Denmark

    Laura Lodenius, Press Secretary
    Peace Union of Finland
    Finland

    Malla Kantola, Secretary General
    Committee of 100
    Finland

    Regina Hagen
    Darmstaedter Friedensforum
    Germany

    David Wakim, Chairperson
    Pax Christi Trust
    Aotearoa-New Zealand

    Kate Dewes, Vice President
    International Peace Bureau
    Aotearoa-New Zealand

    Professor Bent Natvig
    Science and Responsibility in the Nuclear Age
    Norway

    Bengt Lindell, Secretary
    Swedish Physicians Against Nuclear Weapons (SLMK)
    Sweden

    Commander Robert Green RN (Ret’d), Chair
    World Court Project
    United Kingdom

    Anni Rainbow and Lindis Percy
    Campaign for the Accountability of American Bases
    United Kingdom

    George Farebrother, Secretary
    World Court Project UK
    United Kingdom

    Dave Knight, Chair
    Campaign for Nuclear Disarmament
    United Kingdom