The UN’s Rome Conference has overwhelmingly adopted a Statute that will create an International Criminal Court (ICC). This paves the way for the world’s first permanent body to try international aggressors and war criminals.
Analysis: Within the United States there are strong currents in favor of establishing a Court and developing a body of international criminal law. Nonetheless, concerns over the possible politicization of the Court, the qualifications of the judges, and the readiness of many states to attack the United States for its international activities, all led the United States to vote against the treaty.
One key reason for the U.S. vote against the treaty is the fact that most atrocities are committed by parties to internal conflicts of the same nationality. According to Ambassador David Scheffer, who headed the American delegation to Rome, “the worst offenders of international humanitarian law can choose never to join the treaty and be fully insulated from its reach absent a Security Council referral.” At the same time, multinational peacekeepers active in a country that has signed the treaty, could be held accountable by the Court.
If it were possible to establish a court that was truly independent; that met the highest standards of fairness, competence, and integrity; that was free from politicization; and that was faithful to the notions of the rule of law, then the world would be well served. This is the type of Court that should have been established in Rome, but American opposition makes the final outcome uncertain.
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Dr. Gro Harlem Brundtland assumed the post of Director General of the World Health Organization (WHO) and began her tenure with new financial disclosure rules for senior WHO officials.
Analysis: By starting her term with guidelines for personal financial ethics, including the potential obligation to divest oneself of holdings that could lead to a conflict of interest, Dr. Brundtland has begun to confront the mismanagement that marred the Organization under her predecessor.
These new rules are only part of the battle. The need for greater responsibility in managing the affairs of the WHO – from financial accountability to the proper awarding of consulting contracts – must be rigorously addressed throughout the Organization. With an annual budget of around $1 billion, Dr. Brundtland and her team must foster an organizational culture that demands sound and responsible decision-making. Dr. Brundtland is off to a promising start, and she may yet join Sadako Ogata, High Commissioner for Refugees, as a model for all senior UN leaders.



