War crimes immunity for Americans rejected

Countries that offer US citizens immunity from prosecution in the new International Criminal Court (ICC) are breaking international…

Countries that offer US citizens immunity from prosecution in the new International Criminal Court (ICC) are breaking international law, the Council of Europe declared today.

The pan-European organisation called on its 44 member countries to refuse to sign the immunity deals sought by Washington after its parliamentary assembly voted overwhelmingly to reject them as "not admissible under the international law governing treaties".

The vote came on the same day that US President George W. Bush said he wanted "all countries" to sign so-called Article 98 agreements, pledging never to turn Americans over for trial in the new war crimes court in The Hague.

Washington has steadfastly refused to support the court, which it argues could be used to launch politically-motivated prosecutions against American soldiers and peacekeepers unless they are granted immunity.

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But the text drafted by the Strasbourg-based Council's human rights committee declared that the bilateral deals sought by Washington breached the 1998 Treaty of Rome establishing the ICC, so far signed by 139 countries - of which 81 have ratified it.

"States must refrain from any action which would not be consistent with the object and the purpose of a treaty," said the resolution, adopted by 18 votes to three with two abstentions.

"The assembly sincerely hopes that the US of America will join the majority of democratic states in their support of the ICC."