Originally issued as a CGS press release on April 1, 2004.
Nine months after cutting half a million dollars in military aid to Serbia because it refused to sign an agreement to shield U.S. citizens from an international war crimes tribunal, American officials announced yesterday that they are suspending more aid because Serbia is not handing over its own citizens to the International Criminal Tribunal for Yugoslavia (ICTY).
Nearly $26 million aid cut was announced yesterday after Secretary of State, Colin Powell certified that Serbia was not adequately cooperating with the ICTY by arresting and transferring indicted Serbians. Last July, the U.S. had cut assistance to Serbia because they refused to sign a bilateral immunity agreement (BIA) with the U.S. that would shield all U.S. citizens, government employees and contractors charged with war crimes or other grave atrocities from transfer to the permanent International Criminal Court (ICC).
“It’s commendable that the U.S. is putting pressure on Serbia to hand over indictees to the ICTY,” said Heather B. Hamilton, Vice President for Programs of Citizens for Global Solutions, “but how can the U.S. expect to send consistent messages about the need to bring war criminals to justice when it is simultaneously penalizing countries who refuse to grant immunity to U.S. citizens from the International Criminal Court? The irony is astounding.”
The U.S. has suspended military aid to over 20 allies that have refused to sign a BIA with the U.S. While the U.S. contends that these bilateral immunity agreements are permitted under Article 98 of the ICC statute, most of the 92 ICC member states say that they go too far, and concluding such an agreement would be in violation of their obligations under the treaty.
Notes to Editors:
While this release may appear to be an April Fool’s spoof, we are sad to say that it is not.
Resources on the U.S. government’s campaign for bilateral immunity agreements, including a table of countries that have lost assistance, text of the agreements, legal analysis and more is available at the International Criminal Court Project page
