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June
14, 2000 MEMORANDUM
TO: OPINION
LEADERS FROM: GARY SCHMITT SUBJECT:
International Criminal Court Congressional Republican
leaders yesterday announced their intention to introduce legislation to
prohibit the United States from cooperating with a permanent international
war crimes tribunal and requiring American troops to receive immunity
from the court before participating in any UN peacekeeping mission. While
the move to preempt the Clinton Administrations attempts to fix
an unfixable treaty deserve support, the immunity requirement
would grant the International Criminal Court (ICC), established in Rome
in 1998, a legitimacy it shouldnt be accorded, and it and could
serve as a roadblock to future U.S. foreign policy. Two years ago, we
predicted that the Clinton Administration would refuse to take no
for an answer when it comes to the court. Instead, we suggested a policy
of three noes toward the tribunal, then advanced by Project
board member John Bolton in Senate testimony (a fuller version of that
testimony is reproduced below): No financial
support, directly or indirectly; Yet this is exactly
what the Clinton Administration proposes to do. The Washington Post today
quotes David Scheffer, the U.S. ambassador at large for war crimes, who
says, If we can get this in the treaty
the United States will
be a good neighbor to this treaty
.We have many things to offer and
will be in a position to offer those assets. Congress is correct
to fear the administrations ulterior motives. But to condition American
participation in any military operation on a grant of immunity from the
ICC would needlessly complicate U.S. policy options. It should be the
goal of American policy to keep the operations of the United Nations free
from any limitation by the ICC; to the degree the UN becomes linked with
the ICC, it will lose much of whatever remaining value it has for American
foreign policy. Congressional Republicans should remember that President
Bush fought the Gulf War under the auspices of the UN, as are todays
no-fly zone operations -- which might be construed as peacekeeping
-- over Iraq. Should these operations be halted while we await a grant
of immunity from the ICC? The ICC inevitably
will complicate the exercise of American geopolitical leadership. Congress
should strive to maximize the chances that the ICC will wither and collapse.
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