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.