Michael de Laine

By Michael de Laine, Copenhagen, 17th December 2008

US president-elect Barack Obama is expected to improve his nation’s relations with the International Criminal Court (ICC), but the US will not become a full member for some time, Danish newspaper Kristeligt Dagblad reported, citing sources.

Barack Obama will boost the USA’s collaboration with the ICC, thereby strengthening both the nation and the court, according to Nicolas Burniat, a specialist in war crimes at the New York-based NGO Human Rights First. Burniat added that both Obama and his secretary of state nominee, Hillary Clinton, have shown an accommodating attitude towards the ICC.

“There’s no doubt that the new American administration will support the ICC,” Burniat told Kristeligt Dagblad. “We hope that Barack Obama will quickly sign the Rome statute, which would send a strong signal to the rest of the world about his involvement. That would greatly strengthen both the USA’s international reputation and the work of the court.”

“The new American administration should act immediately and use its muscles in the potential case against Omar al-Bashir, the president of Sudan, who is accused of genocide, war crimes and crimes against humanity in the very troubled Darfur province,” added Golzar Kheiltash, who works with international law and order at another NGO, Human Rights Watch, which has long criticised the US for its lack of participation in the ICC.

“It is vital that Barack Obama sends a clear message to the Sudanese president that the US will not tolerate Khartoum’s attempts to derail and undermine the ICC’s work, nor that it will make a deal that protects Omar al-Bashir from prosecution,” she added.

The Bush administration feared that the ICC would be used for politically motivated cases against American soldiers and politicians as a consequence of the strong US global military presence. But those fears have diminished after the ICC has proven itself to be an apolitical institution during its six years of existence.

While 68% of Americans support US backing for the ICC, according to a poll conducted by the independent Chicago Council on Global Affairs, conservative interest groups are still wary. Consequently, US ratification of the Rome statute that set up the ICC is unlikely for the time being, Burniat said.

“In the short term it is vital that the US gets involved in the ICC,” he said. “That can be the first step towards the US regaining its status as a front figure in the fight for international justice.”

Burniat sees ratification of the Rome statute most likely by a president in his second term.