International Criminal Court: Immunity for Peace-keepers is a Set Back for International Justice

Amnesty International is dismayed at the unlawful decision by all members of the Security Council to oblige the International Criminal Court (ICC) that seeks to exempt peace-keepers from prosecution. The Council acted on proposals initially introduced by the US, which opposes the ICC, and in close cooperation with the UK.

What the Security Council has done is to attempt to amend a treaty agreed between state parties, a power in this case only given to the Assembly of States Parties. Moreover, the Council is exceeding its powers by seeking to amend a treaty which is fully consistent with the UN Charter. In addition, by invoking Chapter VII of the UN Charter, the Security Council has wrongly characterized the US threat to veto peace-keeping operations as either a threat to peace, a breach of peace, or an act of aggression. None of those terms apply to a court created to establish accountability for the worst possible crimes under international law.

The United States put much pressure on the other members of the Security Council to do what the majority of UN member states unequivocally oppose. Investigations and prosecutions for the gravest crimes should never be obstructed, nor should double standards ever be created for peacekeepers or anyone else.