REPRISAL FOR NOT ENSURING ITS CITIZENS' IMPUNITY
With great fanfare, on 1 July the US government announced that it was freezing military aid to all countries that had signed the treaty creating the International Criminal Court (ICC) but failed to sign and ratify so-called 'no surrender' or 'Article 98' agreements ensuring the impunity of US nationals the ICC might want to try for war crimes, crimes against humanity and genocide.
The list of countries affected included 14 from the western hemisphere: seven from South America, six from the Caribbean and one from Central America (see table). These stand to lose about US$35m in military aid this financial year (which has only three months to run) and, if their circumstances do not change, about US$135m in 2004.
These are minimum amounts, as they do not include the unbudgeted donations of second-hand military equipment, and as next year's allocations are not yet fully decided.
Off the hook. Two Latin America countries, Bolivia and Panama, were granted waivers, presumably because they are expected to sign impunity agreements soon -though it must be noted that the US President has the power to grant waivers on national interest grounds.
Another Latin American country, Argentina, was exempted from the cut-off on account of being a 'major non-Nato ally' of the US. This is the first substantial benefit Argentina has obtained from this status, which President Carlos Menem had sought so strenuously to obtain.
Ironically, Argentina also figured prominently on the obverse of this story. One of its most prominent lawyers, Luis Moreno Ocampo -famous for prosecuting his country's former military rulers on charges of torture and murder in the 1980s- was sworn in at The Hague on 30 June as the ICC's first prosecutor. It will be an important part of Moreno Ocampo's job to define the ICC's prosecution policy and decide which cases to pursue.
Colombia. The country hardest hit has been Colombia, where the US is heavily involved in President Alvaro Uribe's offensive against the Farc and ELN guerrillas -though the bulk of US assistance is designated as for counternarcotics purposes, and is therefore not subject to the cuts.
The Colombian government had hoped to be spared entirely, on account of having signed, back in 1962, a bilateral agreement granting immunity to US military personnel stationed in the country. However, to Uribe's chagrin, Washington said this did not fit the bill, as it did not cover non-military personnel. The objection is not just because of the large number of technically non-military US nationals involved in operations in Colombia, but on the more general grounds that the US wants to protect even nationals passing through from being arrested on an ICC warrant.
Uribe, who revealed that his government had been discussing the matter with Washington since last September, complained publicly that 'dialogue between friendly countries cannot be a dialogue under pressures', but has also said that he expected to negotiate a solution 'with patience and good faith'.
Worth noting: Uruguay has a similar agreement granting immunity to US military personnel stationed in the country, and, like Colombia, was told that this would not suffice. Uruguayan foreign minister Didier Opertti quipped that Washington seemed to be suffering from the 'Pinochet syndrome', meaning the fear that some official might be arrested on an ICC warrant while travelling abroad.
Ecuador. The Ecuadorean government's first reaction was to announce that it would review all military arrangements with the US. Swiftly, though, it clarified that this did not apply to the use of the Manta airbase.
In a parallel with the bulk of US aid for Colombia, this is also labelled a counternarcotics venture, not a military one, despite the very visible involvement of US military personnel.
Others. The Brazilian government criticised the proposed US impunity agreements as contrary 'to the letter and the spirit' of the ICC, a body whose creation Brazil had supported and with which it is now tied under a multilateral commitment. The 'Article 98' agreements were also described as contrary to the equality of nations before the law.
Uruguay and Peru also said that signing such agreements would contradict their acceptance of ICC jurisdiction; Peru added as a rider that it hoped to continue cooperating with the US in the military sphere.
Costa Rica's foreign minister, Roberto Tobar, described the aid cut-off as 'unjust', adding, 'It is clear that we will not sign any agreement [with the US] and that we will remain in the ICC.'
An indignant Caricom defiantly invited those of its members that had not yet ratified the ICC treaty to do so as soon as possible, while leaving the door open for anyone to sign the US impunity agreements (a dispensation the Bahamas are considered likely to take up).
|
US
IMPUNITY STAKES: WHERE LATIN AMERICA STANDS
|
|
Military
aid cut off
|
|
Amounts
in US$000
|
| Country |
2003 cut
|
2004 cut
|
| South
America |
| Brazil |
500
|
..
|
| Colombia |
5,000
|
131,000
|
| Ecuador |
1,650
|
..
|
| Paraguay |
300
|
..
|
| Peru |
1,600
|
..
|
| Uruguay |
1,450
|
..
|
| Venezuela |
700
|
..
|
| Central
America |
|
|
| Costa
Rica |
400
|
..
|
| Caribbean |
|
|
| Antigua
& Barbuda |
..
|
..
|
| Barbados |
..
|
..
|
| Belize |
..
|
..
|
| Dominica |
..
|
..
|
| St
Vincent & Grenadines |
..
|
..
|
| Trinidad
& Tobago |
..
|
..
|
| TOTAL
LATIN AMERICA |
35,000
|
135,000
|
| Exempted |
| Argentina
[1] |
| Waivers
granted [2] |
| Bolivia |
| Panama |
| [1]
On account of having been granted the status of 'major non-Nato
ally' during the Menem presidency. |
| [2]
The original list provide by the US State Department included
Honduras, which had actually ratified the Article 98 agreement
in May. |
| Note:
Cut-off totals come from US State Department estimates; figures
for individual countries from the Washington Office on Latin
America. |
|