News Analysis: EU Caves in to US Pressure on ICC

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Last updated at: (Beijing Time) Wednesday, October 02, 2002

News Analysis: EU Caves in to US Pressure on ICC

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In a concession to ending a long-time standoff with the United States, the European Union (EU) decided Monday to allow member states or candidates to sign immunity accords protecting US peacekeepers from justice by the newly established international war crimes court -- but with preconditions.

Foreign ministers of the 15 EU member states made the decision at a meeting in an apparent move to ease the tension in the trans-Atlantic ties. The EU-US Relations have been long strained due to differences on issues ranging from environmental protection to Washington's national missile defense system, the Middle East conflict and trade friction.

Most recently and notably, the Iraq issue, has plunged EU-US ties to an unprecedented low and threatened to make a dent in their strategic alliance. As Washington is leaving no stone unturned in efforts to garner support for its planned military attack on Iraq to remove President Saddam Hussein from power, the EU has been cautious and shown no readiness to join it, or even in the US proposal that the United Nations Security Council adopt a new tough resolution on weapons inspections in Iraq.

The UN arms inspection was to resume soon under a recent offer by Baghdad in a goodwill gesture.

Within the EU, countries like Germany have clearly rejected the US-requested exemption from the International Criminal Court (ICC),from the very beginning, while Washington's closest allies Britain,Italy and Spain have shown willingness to sign, whenever necessary, such bilateral accords.

The ICC is a new war crimes court which will start work in The Hague next year. It will try individuals for genocide, atrocities, war crimes and systematic human rights abuses.

The US is concerned about a possible abuse of the ICC, saying its citizens might fall victims to "politically motivated" charges. It has been seeking an immunity from the ICC justice and writing to individual EU governments to lobby them into bilateral accords. In addition, it has repeatedly demanded a flexible EU stance to mount pressure on Brussels.

In fact, although common foreign policy is a goal of the EU, members of the regional bloc have rarely been found in consensus on many key issues, particularly those that have profound implications on their relations with Washington.

Britain, for example, has struck a lot of different notes with the EU. Notably on the Iraq issue, it shows no hesitation in giving its support to Washington's military program against Baghdad.

The EU had asked members and candidates not to strike any immunity agreements with the US until it might have reached a common stand at the scheduled foreign ministers meeting on Monday.

In a compromise at the Monday meeting, the EU set a range of "guiding principles" to limit the immunity agreement its members or candidates might sign with the US. Under the guidelines which reflect its fundamental disagreements, dubbed "red lines" by Danish Foreign Minister Per Stig Moeller, such accords must only apply to US peacekeepers abroad or US personnel on missions of diplomatic nature, and must include provisions guaranteeing their trials at home.

In addition, the agreements must not cover EU citizens suspected of war crimes.

British Minister for European Affairs Peter Hain hailed the EU compromise, saying at a press conference: "This has been a long-running stand-off between the US and the ICC (International Criminal Court) which has now been successfully resolved with bilateral agreements between each country."

In fact, the EU has immediately come under fire for its caving in to Washington's pressure and for sowing seeds for further problems either concerning the EU or the ICC.

Some experts said the EU move would cause EU disunity with fundamental differences exposed when states signed up. Moreover, an EU effective control on the US immunity issue was still in doubt.

There are also concerns that the EU compromise would undermine the ICC. However, Moeller expressed belief, at a news conference, that "if individual states stay within these red lines ... the court will not be undermined."

"There is no concession here. There is no undermining of the ICC," he added.

It is not yet known whether the US, which has been seeking a blanket exemption for its nationals from the ICC justice, will accept the EU concession regardless of how difficult and painful it is.

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