WASHINGTON (AP) - Acting on a last-minute decision by President Clinton, the United States signed a treaty Sunday creating the world's first permanent international war crimes tribunal to bring to justice people accused of crimes against humanity.
The president said his action, taken with some reservations, builds on U.S. support for justice and individual accountability dating to American involvement in the Nuremberg tribunals that brought Nazi war criminals to justice after World War II. "Our action today sustains that tradition of moral leadership," he said.
The treaty should not be submitted to the Senate for ratification until certain concerns are met, he said.
"I believe that a properly constituted and structured International Criminal Court would make a profound contribution in deterring egregious human rights abuses worldwide...," the president said in a statement issued at the White House.
The treaty must be ratified by the Senate before U.S. participation in the tribunal becomes final. Fierce opposition to its terms is expected from conservatives led by Sen. Jesse Helms, R-N.C. Helms angrily responded Sunday that "this decision will not stand."
The president said he acted "to reaffirm our strong support for international accountability and for bringing to justice perpetrators of genocide, war crimes and crimes against humanity."
"In signing, however, we are not abandoning our concerns about significant flaws in the treaty," the president said. "In particular, we are concerned that when the court comes into existence, it will not only exercise authority over personnel of states that have ratified the treaty, but also claim jurisdiction over personnel of states that have not.
"Given these concerns, I will not and do not recommend that my successor submit the treaty to the Senate (for ratification) until our fundamental concerns are satisfied," he said.
David J. Scheffer, the U.S. Ambassador at large for war crimes issues, signed the treaty on behalf of the United States a few hours after Clinton authorized him to do so.
U.S. Secretary-General Kofi Annan issued a statement praising the U.S. decision, saying he was "well aware of the difficulties" Clinton faced and congratulating "him on his courage and far-sightedness in overcoming them."
Annan said the court "represents no threat to states with an organized criminal justice system. On the contrary, it is designed only to protect those most vulnerable people whose own government, if they have one, is unable or unwilling to prosecute those who violate their most fundamental human rights."
In Atlanta, The Carter Center also commended Clinton and noted that the center's founder, former President Carter, had urged him to sign the treaty in a Dec. 20 letter.
"I think that President Clinton, in signing this treaty, has offered the hope of justice to millions and millions of people around the world by signaling United States' support for the most important international court since the Nuremberg tribunal," said Richard Dicker, associate counsel of Human Rights Watch. He called it "a very important symbolic act."
At the UN, meanwhile, the treaty was signed by a representative of the government of Iran.
Clinton acted at Camp David, the presidential retreat in western Maryland where he and his family are spending the last New Year's weekend of his administration.
Sunday was the deadline for countries to sign on to the international criminal court treaty and transmit it to United Nations headquarters in New York. After Sunday, ratification is the only way a government can express support for the treaty or associate itself with it.
The court would be the first permanent institution created specifically to try charges of war crimes, genocide and crimes against humanity. At present the United Nations has two specifically targeted and temporary war crimes courts in operation. One deals with suspects from the Bosnia-Herzegovina civil war of the early 1990s and the other with people implicated in atrocities during unrest in Rwanda in 1994.
Treaty supporters contend that a permanent international war crimes court is "the missing link" in the global legal system and say that over the past half century there have been many instances of war crimes and crimes against humanity that have gone unpunished.
For example, supporters note that no one has ever been held accountable for the alleged genocide in Cambodia in the 1970s when an estimated 2 million people were killed by the Khmer Rouge or for killings in such other countries as Mozambique, Liberia and El Salvador.
Support for a permanent international war crimes tribunal was first expressed in the years immediately after World War II. Interest in creating such a court has been voiced periodically ever since.
The United Nations contends that setting up temporary courts to deal with alleged war crimes in specific countries has been an inadequate response because unavoidable delays lead to such consequences as deteriorated evidence, escaped or vanished witnesses, and witness intimidation.
Some in the United States have expressed concern, however, that U.S. approval of such an international tribunal might subject American citizens to politically motivated prosecutions.
Helms, chairman of the Senate Foreign Relations Committee, has campaigned vigorously against the court. He has pledged to give top priority during the congressional session starting next week to passage of a bill that would bar U.S. cooperation with any such international tribunal.
"Today's action is a blatant action by a lame-duck president to tie the hands of his successor," said Helms, who said the "kangaroo court" would leave U.S. service personnel subject to prosecution.
"For two years the administration has tried in vain to secure additional protections for American citizens, but was rebuffed at every turn by our so-called allies," Helms said.
Helms also has tried to persuade Israel, which had also delayed its decision until the last minute, to reject the international court. Following Clinton's lead, Israel declared Sunday that it had decided to sign the treaty establishing the international war crimes court under the United Nations. The United States and Israel were among the handful of countries that did not sign the statute creating the treaty when it was issued in Rome in 1998.
Israeli Ambassador Yehuda Lancry signed the treaty at U.N. headquarters in New York late Sunday.
Four countries signed the treaty on Friday - the Bahamas, Mongolia, Tanzania and Uzbekistan - which brings the number to 139.
Twenty-seven have ratified it, and 60 are needed before the treaty can enter into force.
Human rights groups pushed Clinton on Friday to sign the treaty. Human Rights Watch said "history will look harshly on President Clinton if he fails to sign," and Amnesty International said Clinton's signature "will demonstrate U.S. support for the rule of law and for equal justice for all."
See also: United Nations Web site on International Criminal Court
UNITED NATIONS (Reuters) - Hailed by human rights experts and denounced by conservatives, the United States endorsed a treaty that would create the world's first permanent criminal court to try people for genocide and war crimes.
President Clinton (news - web sites) made the decision to sign the treaty Sunday, just weeks before leaving office. It would need ratification by the U.S. Senate, a step the president has acknowledged will be impossible for some time to come.
Nevertheless Clinton's act signalled powerful American backing for the court, based on the principles of Nazi war crimes trials at the end of World War Two. Clinton once supported the court but backed off after the Pentagon (news - web sites) warned that it might lead to frivolous prosecutions against U.S. soldiers abroad.
Human rights organization were quick to applaud the move as a historic act.
``By signing this treaty, President Clinton offers the hope of justice to millions and millions of people worldwide,'' said Richard Dicker, associate counsel of the New York-based Human Rights Watch.
Williams Pace, head of the Coalition for an International Criminal Court, comprising more than 1,000 groups, said he expected some short-term repercussions.
``But history will show this decision was correct,'' he said after the signing ceremony at U.N. headquarters. ``Even important members of the Pentagon have understood that this treaty does not represent the kind of risk or threat extremists portray it.'' Israel Follows Clinton The International Criminal Court would prosecute individuals accused of the world's most heinous crimes: genocide, war crimes and other gross human rights violations. It is to be set up in the Netherlands in about two years.
Israel, which early Sunday, had decided against signing the treaty, reversed itself after Clinton announced the U.S. decision, only hours before a New Year's eve midnight deadline. Now nations may only go through the laborious process of ratifying it through their legislatures.
Signing the treaty gives countries a greater voice in negotiating the tribunal's procedures. The court, strongly supported by the European Union (news - web sites) and Canada, can be set up after 60 countries have ratified it.
Some 27 nations have done so.
Clinton announced the surprise decision to sign the treaty after Washington had battled one of the court's statutes that would allow U.S. soldiers abroad to be tried -- but only in the unlikely case that the United States did not take action in its own courts against mass criminal acts.
Senate Foreign Relations Committee Chairman Jesse Helms vowed to reverse the decision as soon as possible. Calling the action ``outrageous,'' he said: ``This decision will not stand.'' Uphill Battle Expected Helms and leading Republicans have drafted legislation forbidding the United States to have anything to do with the court and seeking to punish those countries that have ratified treaty. Among those endorsing the legislation was Donald Rumsfeld, nominated as President-elect George W. Bush (news - web sites)'s defense secretary.
Pace and others, however, doubt the measure will be passed. Bush, once in office, could renounce the treaty and even submit it to the Senate, recommending its rejection.
Helms' spokesman, Marc Thiessen, said recently that the entire concept of the court was illegitimate and flawed, even if exceptions were made for U.S. servicemen. And he said Israel would be the first target of frivolous prosecutions.
But Israeli ambassador Yehuda Lancry maintained that despite concerns, Israel had been active in conceiving the court since the 1950s because of ``of the Holocaust, the greatest and most heinous crime against mankind.'' Elie Wiesel, a Holocaust survivor and Nobel Peace Prize laureate, said the U.S. endorsement was ``an important move for the president. It shows we do believe in morality and justice.'' Signature Means Influence Clinton said he was authorizing the U.S. signature to ''reaffirm our strong support for international accountability and for bringing to justice perpetrators of genocide, war crimes, and crimes against humanity.'' But he said the treaty should not be submitted to the Senate for ratification until the United States received more assurances that U.S. personnel would not be subject to politically motivated prosecutions.
``With signature, however, we will be in a position to influence the evolution of the court. Without signature, we will not,'' Clinton said.
At the United Nations (news - web sites), David Scheffer, the ambassador at large for war crimes, signed documents before Sylvie Jacques, the deputy chief of the U.N. treaty section. Scheffer has spent several years arguing the Pentagon's case as well as helping to formulate key definitions of crimes in the treaty.
``I do so today in honor of the victims of these crimes and also in honor of the United States armed services, who uphold these laws of war and have been so responsible for the foundations of the principles underlying this treaty,'' Scheffer said as he affixed his signature.
``I think the treaty has a large number of safeguards, and by signing the treaty today, we remain in the game,'' he said.
Scheffer, in an earlier interview, said that war crimes, crimes against humanity and genocide had never before been defined with such precision. He said the definitions would serve as a guide for prosecutors and defense lawyers in national and military courts ``for decades to come.''