Dal sito www.euobserver.com

04.11.2003 - 09:42 CET

US attacks EU over international court

The ICC has permanent jurisdiction over the most serious breaches of international human rights law (Photo: Court of Justice)

Washington has renewed its criticism of European Union efforts to block immunity agreements that would prevent US citizens from being subject to the jurisdiction of the International Criminal Court (ICC).

According to the Under-Secretary of State for Arms Control and International Security, John Bolton, the EU is imposing an unfair choice on future EU member states by insisting that they do not undermine the ICC.

An EU Common Position, agreed last year, lays out 'bottom line' principles in case current and new member states do sign a bilateral agreement with the US.

Speaking at the conservative think-tank, the American Enterprise Institute, Mr Bolton yesterday (3 November) said that the US will press ahead with the immunity agreements - the so-called Article 98 exemption agreement - and will cut off military aid to countries which do not comply, according to media reports.

The ICC has long been a bone of contention between the EU and the US. While the EU has been a champion of the Court, which was set up to prosecute war criminals, the US has refused to sign up.

It fears that its citizens will be subject to politically motivated prosecutions.

The whole debate centres around the crucial Article 98 which allows for exemptions from ICC jurisdiction. The EU is not opposed in principle to article 98, but the scope of its application.

It objects to US attempts to secure exemption from the Court for all US citizens and not just officials.

However, the US is forging ahead with the agreements which exempts its citizens. Mr Bolton said that exemption agreements have been signed with 70 countries - of which 50 belong the Court's 90 signatories.

The latest to sign are Antigua and Barbuda, Botswana, Ghana, Malawi, Uganda and East Timor.

Rejecting the ICC was one of the first acts of the Bush Administration when it came to power in 2001. It withdrew America's signature, one of Bill Clinton's final acts as US President, from the Treaty of Rome, which established the ICC.

Press Articles  Independent Financial Times Yahoo France

Website  ICC American Enterprise Institute

Written by Honor Mahony

29.11.2003 - 18:12 CET

EU sees breakthrough on defence questions

The area where there is still disagreement is on a mutual defence clause (Photo: Italian EU presidency)

EUOBSERVER / NAPLES - EU foreign ministers meeting in Naples to discuss the draft Constitution have made a real breakthrough on the question of the future of European defence.

A proposal submitted early on Saturday morning (29 November) by the Italian EU Presidency is close to being generally accepted by member states.

Italian Foreign Minister Franco Frattini said that "major steps" have been taken forward "overcoming very different starting positions".

He made reference to Germany, France, Luxembourg and Belgium who met earlier this year to discuss progress in defence.

"Today the founders of that group find their views are reflected in a common line on European defence" said Mr Frattini.

Avantgarde
The Italian paper says that structured co-operation on defence among European Union members states will not have minimum limits, will be permanent, and will always be under the political control of the Council of Ministers.

A protocol suggests certain criteria for taking part in an avant garde of member states in defence such as being able, by 2007, to mobilise troops within 5 to 30 days, particularly in response to requests from the United Nations and to be able to maintain the troops for an initial period of 30 days which could be prolonged for up to at least 120 days.

It also says that those member states should co-operate, before the Constitution goes into force [which will be 2006 at the earliest], on goals concerning the level of defence expenditure.

To develop capabilities
"Structured cooperation is not about the running of military operations it is about a group of countries getting together to develop their capabilities", said UK Foreign Minister Jack Straw.

He added: "Decisions on whether to mount any military operation, could only, and will
only in the future be made at 25 in the European council by unanimity".

Dominique de Villepin, French Foreign Minister, was keen to stress how "open and transparent" the system would be. All those who want to and are able to will be able to take part, he said.

Mutual defence
The area where there is still real disagreement is on a mutual defence clause. The Italian proposal suggested an article saying that if one member state is attacked, all would have to assist.

However, neutral countries objected to this. Finland, itself neutral, has put forward proposals that it hopes will be taken on board by the rest.

Its proposal say that countries ‘may’ assist with military ‘or other’ means at their disposal.

Mr Straw said the Finnish were working on a proposal that is "designed to square the circle".

De Villepin insisted that the position of neutral or non-aligned countries such as Ireland, Sweden, Austria and Finland would not be compromised by a new EU mutual defence clause.

"We respect the position of countries and I am thinking in particular of the neutral states," he said.

The updated Italian paper on defence comes on the back of an agreement, on Wednesday, between France, Germany and the UK that a separate EU military headquarters should be set up.

Press Articles  Die Welt Politiken Ceske Noviny Aftenposten Gazeta Wyborcza

Written by Honor Mahony

01.12.2003 - 09:34 CET

Defence breakthrough to be examined by NATO

Sparks could fly (Photo: US Department of Defence)

NATO defence ministers will meet today (1 December) at the alliance’s Brussels headquarters with the EU’s plans for common defence firmly at the top of the agenda.

Representatives will gather just hours after EU foreign ministers, meeting in Naples, reached a breakthrough on EU common defence, after months of wrangling.

Although the details of the plan are not yet clear, all the noises from European diplomats point to a deal on creating a separate EU military planning facility, allowing operations to be conducted independently of NATO.

Although controversial proposals for a planning headquarters seem to be off the table, apparent plans for a scaled-down planning unit may prove as contentious, with some NATO ambassadors calling the proposals "a Trojan horse" according to the Sunday Times.

Opposition
Washington has repeatedly and on occasions noisily expressed concerns that an autonomous EU military capability would undermine NATO’s role as the premier guarantor of security in Europe.

However a recent trip to Brussels by the US Secretary of State, Colin Powell appeared to usher in a period of more private feuding over defence plans.

But with Washington being represented on Monday by Defence Secretary Donald Rumsfeld, the sparks could fly.

Mr Rumsfeld has appeared at times to be almost instinctively sceptical of the EU increasing its collective military power.

It did not help that plans for independent EU military planning capabilities were first mooted at the height of tensions over the war in Iraq, by exactly those European countries which opposed the US-led intervention.

Giving journalists travelling with him a taste of things to come, Mr Rumsfeld hinted that he remains unconvinced by EU attempts to persuade Washington that it does not want to undermine the transatlantic alliance.

"I would say anything that puts at risk that institution [NATO] ...you'd have to have a very good reason for wanting to do it. And I think there's no reason for something else to be competitive with NATO, myself", he said.

Press Articles  Reuters Spiegel

Related Article  Independent

Written by Andrew Beatty