The U.S. perspective on the International Criminal Court.

• Position: Hate, Genocide and Human Rights Fifty Years Later: What Have We Learned? What Must We Do ? - Transcript

The speaker begins with the Clinton administration's decision that it will not sign the present text of the Statute of the International Criminal Court. Yet he believes that the problems with the treaty are solvable ones. The United States takes the treaty seriously. There is political will for the establishment of an International Criminal Court. The speaker recognizes the important role of non-governmental organizations, particularly respecting the issue of crimes against women. Two themes that resulted in the U.S.'s problems were the need to ensure that the treaty did not impede (1) the ability to enforce international peace and security, and (2) the ability of capable nations to enforce human rights. In assessing whether to send military forces into a human rights catastrophe, the matrix of risk must not include a legal risk of prosecution. The Clinton administration has never said that its only focus is the concern that no American ever appear before the Court. The speaker concludes with the announcement that the U.S. would be at the Preparatory Commission meetings.

L'auteur, abordant la question du refus de l'administration Clinton de signer le texte actuel du Statut de la Cour penale internationale, demeure convaincu que les problemes souleves par ce texte pourront etre resolus. Les Etats-Unis prennent le traite au serieux, la volonte politique pour l'etablissement d'une Cour penale internationale y est presente, et les organisations non-gouvernementales jouent un role important, particulierement en ce qui concerne la violence contre les femmes. Les objections des Etats-Unis sont essentiellement reliees au besoin d'assurer que le traite ne compromette pas, d'une part, leur capacite a proteger la paix et la securite internationales et, d'autre part, la capacite des nations qui y sont aptes a mettre en application les droits de l'homme sur le plan international. La decision d'intervenir militairement lors d'une catastrophe humanitaire ne doit pas etre soumise a un risque de poursuites legales. L'administration Clinton n'a ainsi pas pour seul objectif de s'assurer qu'ancun Americain ne soit amene a comparaitre devant la Cour. L'auteur conclut en annoncant la presence des Etats-Unis aux travaux de la Commission preparatoire.

Thank you very much, Professor, for that kind introduction. Well, I'm glad I didn't prepare my remarks. First, I just want to recognize that there are people in this audience and on this podium who have known me for many years--and I have known them--and I know what kind of commitment they have had to this project. Let me just say that I have found it quite surprising since Rome that there are academic institutions and think-tanks and what not that are constantly trying their best to pit "Philippe Kirsch versus David Scheffer". I've gotten things in the mail that have this explosive, dramatic debate topic suggestion of evil versus good, and if only they knew that Philippe and I worked extremely closely together in Rome--there was a tremendous amount of consultation. Obviously there were some disagreements, but the idea that there is some kind of pitted combat or war between us is absurd. And in fact, I continue to have a very good working relationship with Philippe. His leadership in Rome was stellar. He had a hard act to follow he had Adriaan Boss of the Netherlands to follow--and he knew it and he did a superb job. I think Adriaan himself recognizes that. It was interesting when Adriaan fell ill and the suggestion came down from Ottawa to Washington that Philippe Kirsch actually take up the leadership role. We checked around within our government with everyone that had ever worked with him and the resounding response was, of course, that he should be the chairman of the Rome Conference because we have between out two governments an excellent relationship with him. I also want to recognize the people in this room: Judge Goldstone of the Yugoslav tribunal, Rhonda...