Headlines, Latin America & the Caribbean

CARIBBEAN: Try Saddam in Global Court, Says Tribunal’s Backer

Peter Richards

PORT OF SPAIN, Dec 16 2003 (IPS) - One of the main architects behind the creation of the International Criminal Court (ICC) is pushing to have former Iraqi leader Saddam Hussein tried by that tribunal.

Arthur NR Robinson, the former president of Trinidad and Tobago, says the United States or "the countries of the occupying forces" in Iraq should refrain from conducting any hearing of Saddam, which he suggested would be "another Nuremberg type trial".

At Nuremberg, the victorious allied forces tried and found guilty nearly two dozen high-ranking German prisoners, following the surrender of that country in the Second World War. But that process has sometimes been criticised as "victor’s justice".

Robinson’s call comes as a second Caribbean state has signed an agreement with the United States guaranteeing that it will not subject U.S. nationals to the jurisdiction of the ICC, created to try alleged war crimes and crimes against humanity.

Washington initially signed the Rome Treaty that officially created the body in 1998 but then renounced its signature, and has since been pressuring nations that did ink the document to agree to a pact exempting U.S. officials and citizens from any action of the court, which is based in The Hague, Netherlands.

Last week Guyana became the second Caribbean nation, and the 68th globally, to sign such deals with Washington.

Robinson believes the upcoming trial of Saddam provides a great opportunity for justice in a court that is independent, permanent and constituted by existing law and internationally acceptable rules.

"A fair trial in an independent judicial process will provide the opportunity for Saddam’s accusers – supported by evidence – and for Saddam to provide his defence in a manner free from fear, open and subject to scrutiny".

"Fortunately for mankind, such a court exists in the International Criminal Court. This opportunity to promote justice, unity and peace on the widest scale in the world must not now be missed," Robinson added.

Nearly 100 nations have signed and ratified the Rome Treaty, which came into force in July 2002.

But Washington has already dismissed the ICC and the possibility of Saddam being tried outside of Iraq.

Earlier this year the United States suspended military aid to countries worldwide, including Trinidad and Tobago, for refusing to sign pacts that exempt U.S. nationals from the ICC’s jurisdiction.

Prior to his departure for talks Monday with U.S. President George W. Bush and National Security Adviser Condoleezza Rice, Trinidad and Tobago Prime Minister Patrick Manning denied reports of strained relations between his country and Washington over the ICC.

"The Government of Trinidad and Tobago has made its position clear: that we were involved in this matter (the ICC) from the inception, and on that issue we have no choice," he added.

Last week, a U.S. official reiterated the administration’s objection to the court, saying that in order to be bound by a treaty, a state must be party to it.

"The ICC asserts jurisdiction over citizens of states that have not ratified the treaty. This threatens U.S. sovereignty and that of other nations," Albert G. Nahas, charge d’affaires at the U.S. Embassy here, told a symposium on the court attended by Robinson.

Nahas said Washington particularly objects to the ICC’s power to disregard national court decisions.

"ICC prosecutors, with the approval of two judges on a three-judge panel, have the power to disregard the verdicts of national courts and to initiate investigations aimed at prosecutions," he said.

"The U.S. believes in checks and balances. The Rome Statute creates a prosecutorial system that lacks appropriate checks. The U.S. believes the ICC undermines the role of the United Nations Security Council in maintaining international peace and security, and which to date has initiated war crimes tribunals in particular cases."

"Because the ICC threatens national sovereignty, creates an unchecked prosecutorial system, and has the power to disregard national courts, and because of the potential conflict with the role of the U.N. Security Council, the U.S. believes that the ICC is built on a flawed foundation. Those flaws leave it open for exploitation and politically motivated persecutions," Nahas added.

On Monday, noted regional political scientist Neville Duncan said he was disappointed over Guyana’s decision to sign the controversial agreement with the United States.

"This is really backtracking under tremendous pressure from the United States," Duncan told the Caribbean Media Corporation (CMC).

At their summit in Jamaica in July, Caribbean Community (CARICOM) heads of government agreed to allow member states "to negotiate bilateral ‘non-surrender’ agreements with the United States if they are advised by their legal authorities that any agreement into which they enter is consistent with their obligations under the Rome Statute".

Afterwards, Antigua and Barbuda became the 67th country to conclude such an agreement with Washington.

Duncan speculated that Guyana signed the deal because it did not want to lose aid from the United States. But in doing so, it has weakened the Caribbean’s ability to negotiate as a united front, he added, suggesting the need for further dialogue in the region to determine a single position.

"We need to ask Guyana to explain itself, and if there are alternative ways in which we can help Guyana without it having to subordinate its rights and sovereignty in this kind of way, bowing to the U.S. pressure, then we should try and find a way to deal with it," he added.