President Clinton has approved the signing of the U.N. treaty creating an International Criminal Court in spite of reservations about the form and procedures of the proposed court. The United States earlier voted against the proposed court, because the Pentagon feared our troops stationed in U.N. actions around the world could become targets of politically motivated charges. U.S. representatives to the conference attempted to pass an amendment which would force any proposed case to be approved by the Security Council, in essence allowing the U.S. to veto the prosecution of Americans, but it was overwhelmingly defeated by the assembly of delegates at the Rome convention.
Another serious concern is that the rights guaranteed U.S. citizens by the Bill of Rights (or the rights of citizens of other countries guaranteed under their laws) have no binding power over the prosecutors of the international court. National sovereignty in these matters will cease to exist.
There is no right to trial by jury. Appeals will be heard by the court's own appeals judges. There is no right to be free from testifying against one's self, right to a speedy trial, protection against cruel or unusual punishment, right to an attorney...etc.
Currently the international "crimes" under the court's jurisdiction involve war crimes and things such a genocide. However, the jurisdiction of the court was deliberately left open-ended by the treaty, and it is the court itself that determines what comes under the realm of its jurisdiction. This means it can create new international "law" any time it wishes, thus making the court into lawmaker, judge, jury and appeals court all in one. In short, there is little any country will be able to do to protect its citizens.
Funding for the court and its 18 judges would come from assessments against the participating nations in a manner similar to the way U.N. dues are currently assessed. However, in addition, the court will be given the right to confiscate the property and assets of the accused, and to convert those assets for its own use upon conviction. The opportunities for corruption here are limitless.
Clinton rationalized that by signing the treaty the U.S. will have at least some influence over the makeup of the court, including the appointment of judges and writing of rules, even if the Senate never ratified the document.
Sen. Jesse Helms, chairman of the Foreign Relations Committee, has vowed to fight Senate ratification of the treaty. "By signing, the president has effectively given his approval to this unprecedented assault on American sovereignty," said Helms.
Related Links:
• Clinton Calls For Global Court - The Washington Times