US troops escape ICC probe
16/07/2003 16:32  - (SA)  

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The Hague - The International Criminal Court (ICC) will not investigate allegations of war crimes committed by US troops in Iraq because they do not fall within its jurisdiction, the prosecutor said on Wednesday.

"We have received communications about acts allegedly perpetrated by US troops in Iraq but we are not mandated to prosecute such acts since neither Iraq or the United States are states party to the court," Luis Moreno Ocampo said.

The ICC became a legal reality in July of last year. It is mandated to try genocide, war crimes and crimes against humanity. The court can only hear cases concerning events that occurred after July 1, 2002.

The court can only act in cases involving nationals of states that have ratified the ICC statute or events that occurred on their territories.

Washington has vehemently opposed the court, fearing politically-motivated prosecution of its citizens or military personnel. It has not ratified the ICC statute.

Washington has suspended more than $47m in military aid to 35 countries for their failure or refusal to give US citizens immunity from the tribunal.

Moreno Ocampo said the court had also received complaints concerning nationals who are part of the US-led coalition fighting in Iraq, like Britain.

But the court has to first determine if the national authorities concerned are unwilling or unable to investigate. Only then can the ICC step in, the prosecutor said.

- AFX

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