* News Release Issued by the International Secretariat of Amnesty
International *

Amnesty International on ICC

3 September 2002
IOR 30/007/2002

The international community must reject the US campaign against
international justice, Amnesty International said in a new report
released today.

The USA has approached many governments requesting them to sign
agreements not to surrender or transfer US nationals to the new
International Criminal Court (ICC). It has already signed such
bilateral agreements with Israel, East Timor, Romania and Tajikistan.
The USA is exerting extreme pressure on states to meet their demands,
\in many situations threatening to withdraw US military assistance.

Governments should refuse to sign agreements which would give impunity to US nationals should they be accused of genocide, crimes
against humanity and war crimes. The USA is demanding an exemption
for its nationals should they commit these crimes on the territory of
states that have ratified the ICC.

"These agreements seek to undermine and weaken the ICC which was
created to end impunity for the worst crimes known to humanity,"
Amnesty International said.

"When legal advisers from the 15 European Union members meet
tomorrow, they should take the lead in stopping this campaign by
asking its member states to refuse bilateral agreements."

Amnesty International's report concludes that any state that
enters into an impunity agreement with the USA will violate its
obligations under international law. The USA claim that the impunity
agreements are in accordance with international law is wholly without
merit. In fact, the agreements seek to manipulate provision included
to ensure that people accused of these crimes are brought to justice.

Background
The Rome Statute of the ICC entered into force on 1 July 2002. As of
30 August 2002, 78 states had ratified it; 139 states have signed it.
The ICC is in the process of being established to investigate and
prosecute people accused of genocide, crimes against humanity and war
crimes, when national courts are unable or unwilling to do so. It is
expected that it will become fully operational in the first half of
2003.

The USA has been the only state actively to oppose the
establishment of the ICC. Since the adoption of the Rome Statute in
July 1998, the USA has sought an exemption for US nationals from the
jurisdiction of the Court.

Amnesty International, other NGOs and governments have
repeatedly demonstrated that USA fears that the Court could be used
for politically motivated prosecutions against USA nationals have no
basis since the Rome Statute contains substantial safeguards and fair
trial guarantees.

Countries that have ratified the Rome Statute are obliged to
comply with requests by the International Criminal Court to arrest and
surrender persons accused of genocide, crimes against humanity and war
crimes. Signing an impunity agreement with the USA is contrary to a
state's obligations under the Statute and goes against the very
purpose of the Statute which is to end impunity for the worst crimes
under international law.

States that have signed the Rome Statute are obliged by
international law not to take any steps that would undermine the Rome
Statute. Signing an impunity agreement with the USA is clearly
against the object and purpose of the Statute which is to end impunity
for the worst crimes under international law.

All states -- regardless of whether they have ratified, signed
or not signed the Rome Statute -- that enter into impunity agreements
with the USA or refuse to arrest and surrender persons accused by the
ICC may violate their obligations under international law to bring to
justice those responsible for genocide, crimes against humanity and
war crimes.

For a copy of the report "International Criminal Court: The US efforts
to obtain impunity for genocide, crimes against humanity and war
crimes", visit: www.amnesty.org/icc

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