4 Dec. 30 / Administration of William J. Clinton, 2000

the payment period typically provided by will not only exercise authority over per- their vendors. sonnel of states that have ratified the treaty William J. Clinton but also claim jurisdiction over personnel of states that have not. With signature, however, we will be in a position to influence the evo- Statement on the Rome Treaty on lution of the court. Without signature, we will the International Criminal Court not. December 31, 2000 Signature will enhance our ability to fur- ther protect U.S. officials from unfounded The United States is today signing the charges and to achieve the human rights and 1998 Rome Treaty on the International accountability objectives of the ICC. In fact, Criminal Court. In taking this action, we join in negotiations following the Rome more than 130 other countries that have Conference, we have worked effectively to signed by the December 31, 2000, deadline develop procedures that limit the likelihood established in the treaty. We do so to reaf- of politicized prosecutions. For example, firm our strong support for international ac- U.S. civilian and military negotiators helped countability and for bringing to justice per- to ensure greater precision in the definitions petrators of genocide, war crimes, and crimes of crimes within the court’s jurisdiction. against humanity. We do so as well because But more must be done. Court jurisdiction we wish to remain engaged in making the over U.S. personnel should come only with ICC an instrument of impartial and effective U.S. ratification of the treaty. The United justice in the years to come. States should have the chance to observe and The United States has a long history of assess the functioning of the court, over time, commitment to the principle of account- before choosing to become subject to its ju- ability, from our involvement in the Nurem- risdiction. Given these concerns, I will not, berg tribunals that brought Nazi war crimi- and do not recommend that my successor nals to justice, to our leadership in the effort submit the treaty to the Senate for advice to establish the International Criminal Tribu- and consent until our fundamental concerns nals for the former Yugoslavia and Rwanda. are satisfied. Our action today sustains that tradition of Nonetheless, signature is the right action moral leadership. to take at this point. I believe that a properly Under the Rome Treaty, the International constituted and structured International Criminal Court (ICC) will come into being Criminal Court would make a profound con- with the ratification of 60 governments and tribution in deterring egregious human rights will have jurisdiction over the most heinous abuses worldwide and that signature in- abuses that result from international conflict, creases the chances for productive discus- such as war crimes, crimes against humanity, sions with other governments to advance and genocide. The treaty requires that the these goals in the months and years ahead. ICC not supersede or interfere with func- tioning national judicial systems; that is, the ICC prosecutor is authorized to take action Statement on Judicial Vacancies against a suspect only if the country of na- January 3, 2001 tionality is unwilling or unable to investigate allegations of egregious crimes by their na- The most fundamental right of American tional. The U.S. delegation to the Rome democracy is the right to equal justice under Conference worked hard to achieve these the law. Whenever our citizens knock on the limitations, which we believe are essential to door of justice, they have a right to expect the international credibility and success of a judge to answer. Unfortunately, too many the ICC. courts around the country are in a state of In signing, however, we are not aban- emergency because of judicial vacancies. In doning our concerns about significant flaws these places justice is being delayed. The in the treaty. In particular, we are concerned people’s appeals are not being heard. That that when the court comes into existence, it is simply unacceptable. That’s why today I

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