Europe caves in to US in battle over world court

The European Union is expected to bow to US demands today and give its 15 member states permission to strike deals exempting Americans from the reach of a new international court to prosecute individuals for war crimes and human rights abuses.

The Danish presidency of the EU said yesterday it believed EU foreign ministers would agree a compromise designed to defuse the battle over the International Criminal Court (ICC), which Washington argues should not have jurisdiction over US soldiers, diplomats and politicians. But it remained unclear whether the US will be satisfied because it imposes conditions on any deals between EU countries and Washington.

The plan is certain to outrage human rights campaigners and pressure groups which appealed to EU foreign ministers not to create a system of "two-tier justice".

If the plan is approved, all EU nations would be entitled to negotiate their own treaties with the US. But minimum standards would have to apply, including an assurance that there would be no immunity from prosecution for US citizens, and that accused Americans will at least be tried in their own country. The guidelines would rule out reciprocal immunity for citizens of states signing an agreement with the US.

Most controversially they would also limit those kept out of the ICC's reach to people sent abroad by the US. While that would cover soldiers and diplomats, it remains unclear whether it would exempt political leaders who took decisions, as Washington wants.

The ICC, which is due to start operations in The Hague next year, will try individuals for genocide, atrocities, war crimes and systematic human rights abuses. The US fears that because of its position as the global superpower it will be vulnerable to malicious prosecutions.

But supporters of the court argue that giving Washington exemptions would set a precedent that would ultimately undermine the ability of the ICC to operate effectively. Steve Crawshaw, UK director of Human Rights Watch, said: "There is an enormous danger if America succeeds in getting its exemptions that other countries are going to say they want them too, and it becomes an issue of two-tier justice." Germany and Nordic EU countries have argued that the ICC's credibility is in jeopardy but Britain and Italy, both close US allies, have led calls to allow bilateral deals to be struck.

A spokesman for the Danish presidency said: "I expect the foreign ministers to agree on the principles that any agreements should not offer impunity and should be limited to persons who have been sent by their government."

Washington's own proposals to allow blanket exemptions to US citizens have been ruled incompatible. The US has already applied considerable pressure to non-EU countries, including Romania, to sign bilateral deals.

Leading article, page 14