US Granted Immunity
Below is an article detailing the recent shameful capitulation by the UN Security Council.
It is no surprise to read that the US considers itself above the law, but it is a damning indictment of the UN that it has buckled before the US. This further discredits what is an already flaccid and compromised organisation.
THE TORONTO STAR, Monday, June 16, 2003 EDITORIAL
Craven U.N. caves in
Should Americans be above international law? The United Nations Security
Council seems to think so.
Over Canada's principled objections, the council, by a 12-0 vote with three
abstentions, has just cravenly bent to pressure from Washington, and granted
Americans serving on peacekeeping missions immunity from prosecution by the
U.N.'s own International Criminal Court.
This is the second toadying one-year exemption for the United States and
other countries that don't accept the ICC. It undermines the court's
legitimacy. It is probably unlawful. And it is unwise and unnecessary.
Even peacekeepers commit crimes. A Canadian, Elvin Kyle Brown, was convicted
of manslaughter and torture by Canadian military judges in the death of a
Somali teenager back in 1993. He got five years.
The ICC's role is to prosecute worse offenders: Those involved in
Rwanda-style genocide, war crimes, and crimes against humanity.
Most nations, including Canada, accept the court's jurisdiction.
The U.S., which threatens to veto U.N. peacekeeping missions unless it has
immunity despite the fact that fewer than 600 Americans are on U.N. duty, is
the chief holdout.
While it's hard to imagine U.N. peacekeepers involved in widespread criminal
horrors, no country should be above the law.
Speaking before the U.N. voted, Canadian ambassador Paul Heinbecker rightly
made that point with vigour, saying it is in everyone's interest to have "a
system based on law — the fair, predictable, equal application of principles
agreed to by all."
The Americans fret about being hauled up on frivolous charges. But they have
ample protections.
A U.S. peacekeeper accused of heinous crimes would face the ICC only if
Washington refused to prosecute. Moreover, the Security Council has the
power to block malicious, politically motivated prosecutions.
But Washington's objections are ideological, not practical. It won't play by
the same rules as others. And the U.N., shamefully, has buckled.