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Efforts to Obtain Immunity from ICC for U.S. Peacekeepers

Published online by Cambridge University Press:  10 March 2017

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Abstract

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Type
Contemporary Practice of the United States Relating to International Law
Information
American Journal of International Law , Volume 96 , Issue 3 , July 2002 , pp. 725 - 729
Copyright
Copyright © American Society of International Law 2002

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References

1 UN Doc. A/CONF.183/9 (July 17, 1998), reprinted in37 ILM 999 (1998), available at <http://www.un.org/ico [hereinafter Rome Statute]. The treaty entered into force July 1, 2002.

2 As of July 2002, approximately 9,800 U.S. military and civilian personnel were engaged in eight UN missions and three non-UN missions worldwide. See U.S. Peacekeeping Contributions, N.Y. Times, July 3, 2002, at A4.

3 Letter from U.S. Rep. Henry J. Hyde, U.S. Sen. Zell Miller, U.S. Rep. Tom Delay, U.S. Sen. Jesse Helms, and U.S. Rep. Bob Stump to Secretary of State Colin Powell (Apr. 11,2002), at <http://www.house.gov/international_relations>.

4 See Lynch, Colum, U.S. Seeks Court Immunity for E. Timor Peacekeepers, Wash. Post, May 16, 2002, at A22 Google Scholar; Lynch, Colum, U.S. Peacekeepers May Leave E. Timor, Wash. Post, May 18, 2002, at A20 Google Scholar.

5 See Schmemann, Serge, U.S. Links Peacekeeping to Immunity from New Court, N.Y. Times, June 19, 2002, at A3 Google Scholar. The missions in Bosnia affected by the extension were a 1,500-member UN police training mission and an 18,000-member peacekeeping mission led by NATO.

6 See, e.g., Schmemann, Serge, Sovereignty Debate with U.S. Limits UN. Support for Bosnia Force, N.Y. Times, June 22, 2002, at A6 Google Scholar.

7 Lynch, Colum, European Countries Cut Deal to Protect Afghan Peacekeepers, Wash. Post, June 20, 2002, at Al5 Google Scholar.

8 SC Res. 1418 (June 21, 2002).

9 See Schmemann, Serge, U.S. Vetoes Bosnia Mission, Then Allows 3-Day Reprieve, N.Y. Times, July 1, 2002, at A3 Google Scholar. Bulgaria abstained on the resolution.

10 [Editor’s Note: Under such status agreements, UN personnel typically enjoy complete immunity from the criminal jurisdiction of the host state. See The Charter of The United Nations: A Commentary 597–99 (Simmaed, Bruna., 1995).]Google Scholar

11 [Editor’s Note: Article 98(1) of the Rome Statute provides:

The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity.]

12 [Editor’s Note: Article 124 of the Rome Statute provides that a state joining the ICC may declare that, for a period of seven years, it does not accept the jurisdiction of the ICC with respect to war crimes allegedly committed by its nationals or on its territory. France took advantage of this article when ratifying the Rome Statute.]

13 U.S. Mission to the United Nations Press Release on Ambassador John D. Negroponte, United States Permanent Representative to the United Nations, Statement in the Security Council in Explanation of Vote on Renewal of the Mandate for the UN Mission in Bosnia and Herzegovina (June 30, 2002), at <http://www.un.int/usa/02_087.htm>.

14 SC Res. 1420 (June 30, 2002).

15 See Lynch, Colum, 3 Observers Pulled out of East Timor, Wash. Post, July 2, 2002, at A9 Google Scholar.

16 Letter from Kofi Annan, UN Secretary-General, to Colin Powell, U.S. Secretary of State (July 3, 2002), at <http://www.igc.org/icc/html/SGlettertoSC3July2002.pdf>.

17 SC Res. 1421 (July 3, 2002).

18 See Schmemann, Serge, U.S. Retreats on Demands for Immunity in War Court, N.Y. Times, July 11, 2002, at A5 Google Scholar.

19 SC Res. 1422 (July 12, 2002).

20 SC Res. 1423 (July 12, 2002).

21 [Editor’s Note: Article 98(2) of the Rome Statute provides:

The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.]

22 U.S. Mission to the United Nations Press Release on Explanation of Vote and Remarks by Ambassador John D. Negroponte, United States Permanent Representative to the United Nations (July 12, 2002), at <http://www.un.int/usa/02_098.htm>.