osce  logo
 Home      Archive      Search      Information      Links      Employment      Contact 
Statement on International Humanitarian Law 

Delivered by Ambassador Melissa Wells

to the Human Dimension and Implementation Meeting, Warsaw

September 13, 2002

 

Mr. Moderator, international humanitarian law is essential for international security. That security is threatened if governments refuse to investigate, pursue and prosecute violations of these standards. These laws are chiefly designed to protect civilians in conflicts, to establish the means for nations to resolve disputes without resort to violence, and to limit the destructive effect of conflicts when a nation is forced to defend itself from attack.

Mr. Moderator, no cause, no matter how noble can justify violations of international humanitarian laws. The United States recalls the relevant commitments adopted nearly three years ago in Istanbul, and urges other OSCE participating states to respect those commitments. We must all take care to ensure that these commitments are respected by our security and military forces.

The brutalization of civilian populations in time of conflict is contrary to international humanitarian law and only serves to reinforce the forces that the OSCE is dedicated to overcoming. The United States delegation must call attention to allegations of such actions in Chechnya. Russian military and security personnel involved in "sweeps" for guerrilla fighters stand accused of extra-judicial killings, arbitrary detentions and other serious human rights abuses.

Such action is contrary to the OSCE’s Code of Conduct, adopted at the Budapest Summit: "If recourse to force cannot be avoided in performing internal security missions, each participating State will ensure that its use must be commensurate with the needs for enforcement. The armed forces will take due care to avoid injury to civilians or their property." Or, as Secretary of State Powell noted on August 1, we must not lose sight of human rights as we wage the war against terrorism.

Russia’s Human Rights Commissioner has courageously stated that "systematic and massive violations of human rights" have taken place in Chechnya. The United States remains deeply concerned over widespread violence in Chechnya and urges the Russian Government to ensure that those who have committed illegal acts there are brought to justice.

The United States continues strongly to support the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) and stresses once again the need for full cooperation with the Tribunal. It is unfortunate that differences among us this past year on the International Criminal Court (ICC) have lead some to believe that America's commitment to justice has waned in the face of horrible crimes, including genocide, in the former Yugoslavia. Those holding this belief are wrong and misinterpret our legitimate objections to the ICC. As far as the United States is concerned, the tragedies in Vukovar and Srebrenica will not be relegated to history until those responsible are brought to justice before the ICTY. It would be helpful if all OSCE States, including those who so strongly advocate the ICC, would support the ICTY more strongly in grappling with the genocide and both crimes of war and crimes against humanity that have occurred.

While there are those in the former Yugoslavia who do recognize that cooperation with the ICTY is, in fact, in the interests of their respective countries, it is unfortunate that resistance to such cooperation, particularly in the Federal Republic of Yugoslavia and the Republica Srbska, remains an issue. The only way to correct this is to clean the slate of individuals who have been charged with crimes yet remain at large, and to consider more positively ICTY prosecutor requests for information. To do so serves not only the cause of justice but also that of recovery, both in Serbia and throughout the region.

The U.S. will continue to be a forceful advocate for the principle of accountability for war crimes, genocide, and crimes against humanity. Our commitment to international humanitarian law remains as great as ever. But we cannot support the flawed ICC. We simply believe that other, more effective mechanisms than the ICC already exist to ensure accountability -- such as those provided under national legal systems, and tribunals established by the UN Security Council to address particular situations, such as that in the former Yugoslavia.

 
osce  logo

The US OSCE website is maintained by the United States Mission to the OSCE Public Affairs Office.
Links to other Internet sites should not be construed as an endorsement of the views contained therein.
Please view our Privacy Act Notice and Disclaimers pages.