Bilateral Immunity Agreements: More than 30 allies lost U.S. military assistance for protecting the integrity of the Rome Statute
As of July 1, 2003, U.S. military assistance to most ICC States Parties was suspended under the American Servicemembers Protection Act of 2002 (ASPA). President Bush has issued waivers for 23 countries, all of which have concluded bilateral immunity agreements (BIAs) with the U.S. Under these agreements, countries agree not to surrender to the ICC any U.S. national or any current or former employee of the U.S. government or military (including contractors and non-nationals). NATO and major non-NATO allies are exempted under the law from the loss of military assistance. However, this still leaves more than 30 U.S. allies without military assistance, even though President Bush has the option of issuing waivers based on national security. While the State Department reports that 60 countries have concluded such agreements, more than 40 ICC States Parties have publicly refused to sign a BIA since the July 1 cut-off. These ICC members include South Africa, many Latin American allies, and the Baltic countries. U.S. pressure on these countries is likely to increase as the beginning of FY2004 approaches on October 1. 
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UN Security Council renews 1422, exempting peacekeepers from ICC jurisdiction
On June 12, the Security Council approved Resolution 1487 by 13-0 (France, Germany, and Syria abstained). The resolution, a renewal of Resolution 1422, exempts for one year from the jurisdiction of the ICC all current and former officials and personnel from non-ICC countries (including the U.S.) that participate in UN authorized or established missions. In an open debate before the vote, Secretary General Kofi Annan, the European Union, the Rio Group, and 20 other countries all expressed their concerns about the resolution, claiming that it was not allowed under the Rome Statute, went beyond the Security Council's authority, and risked delegitimizing peacekeeping. Almost every delegate emphasized that the resolution should not be renewed automatically every year. 
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UN: U.S. demands Liberia peacekeeping resolution includes ICC immunity
The UN Security Council authorized a peacekeeping mission in Liberia on August 1, 2003, by a vote of 12-0. France, Germany and Mexico abstained when the U.S. insisted that language be included that allows non-ICC member states to retain full jurisdiction over all their "current or former officials or personnel" involved with the Liberia mission. Those abstaining claimed that the paragraph not only undermined the ICC, but also prevented countries from exercising jurisdiction over individuals accused of murdering their citizens, a long-established tenet of international law. "Quite frankly," UN Secretary General Kofi Annan said after the vote, "my sentiments are with those who abstained from the resolution." 

UN: U.S. excises reference to ICC in resolution to protect UN aid workers 
On August 26, motivated by the bombing of the UN offices in Iraq, the UN Security Council approved a resolution first introduced in April that aims to protect UN and humanitarian aid workers. The resolution designates deliberate attacks on such workers as "war crimes" and calls on states to prosecute those responsible. However, upon U.S. insistence, a reference to the ICC was dropped, even though attacks on humanitarian workers is already covered by the ICC as a war crime. According to UN Secretary General Kofi Annan, the practical impact of the resolution remains the same regardless of whether the ICC was explicitly named.

Court Update: Deputy Prosecutor and Victim's Trust Fund Board of Directors elected
At the second session of the Assembly of States Parties (ASP), September 8-12, the ICC member countries elected Serge Brammertz of Belgium as the Deputy Prosecutor for investigations by a vote of 65-22. Brammertz is the federal prosecutor for Belgium and will serve in The Hague for six years. The ASP also elected by consensus the first five members of the Victims Trust Fund's Board of Directors: Archbishop Desmond Tutu, former Costa Rican president Oscar Arias Sanchez, Queen Rania of Jordan, former European Parliament president Simone Veil, and former Polish Prime Minister Tadeusz Mazowiecki. The Directors will serve on a voluntary basis for three-year terms and are charged with raising, regulating and dispersing the trust fund's monies. 
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Court Update: Prosecutor sworn in, identifies Congo as the situation of greatest concern
Luis Moreno Ocampo of Argentina was sworn in as the ICC's first Prosecutor on June 16, 2003. On July 16, Moreno Ocampo held his first press conference to discuss the 499 communications that had been submitted to the ICC. His remarks demonstrated a high level of transparency and careful adherence to the limits of the ICC's jurisdiction, which should help disprove fears of frivolous or politically motivated prosecutions. Of the 499 communications, the Prosecutor dismissed those that:

• Alleged acts committed before July 1, 2002,
• Alleged criminal acts that are not covered by the subject-matter jurisdiction of the Court,
• Alleged a crime of aggression occurred in the context of Iraq (the ICC cannot yet exercise jurisdiction over the crime of aggression),
• Alleged acts committed by U.S. troops in Iraq (no State Party was involved),
• Alleged acts in the Israeli-Palestinian conflict (no State Party was involved),
• Alleged acts in the Ivory Coast (no State Party was involved),
• Alleged acts committed by nationals of States Parties but did not demonstrate that national authorities were unwilling or unable to investigate or prosecute these acts.

Moreno Ocampo has singled out the situation in Ituri province, Democratic Republic of the Congo, as the most urgent situation under the ICC's jurisdiction (the DRC is an ICC State Party and does not currently have a fully functioning judicial system). He and his staff are closely evaluating six communications about Ituri province that document "summary executions, systematic torture, unlawful arrests and detention of individuals, and abductions," as well as rape and sexual violence. If necessary, he will seek authorization from the Pre-Trial Chamber to start a formal investigation.
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Court Update: Registrar elected
On June 24, the judges of the ICC elected Bruno Cathala of France as Registrar for a five-year term. The Registrar oversees the administration of the Court.

September 15, 2003

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