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| U.N. May Refer Syria Conflict to War Crimes Court | U.N. May Refer Syria Conflict to War Crimes Court |
| (4 months later) | |
| UNITED NATIONS — France has drafted a Security Council resolution that seeks to refer Syria to the International Criminal Court in The Hague, tailoring it specifically to address American sensitivities, according to several people who have seen the text. | |
| The United States has not ratified the Rome Statute that established the court, and it has long been leery of any efforts that could lead to American service members’ being dragged into a global tribunal for war crimes. In Syria, it faces another quandary: the Golan Heights, disputed territory that is claimed by both Syria and Israel. The United States has long worried that any referral to the court could implicate Israel, a close ally, and bring it before the tribunal. | The United States has not ratified the Rome Statute that established the court, and it has long been leery of any efforts that could lead to American service members’ being dragged into a global tribunal for war crimes. In Syria, it faces another quandary: the Golan Heights, disputed territory that is claimed by both Syria and Israel. The United States has long worried that any referral to the court could implicate Israel, a close ally, and bring it before the tribunal. |
| The draft text, which could be circulated to all 15 members of the Council next week, gets around the problem by defining the conflict narrowly, as involving the Syrian government of President Bashar al-Assad, its allied militias, and armed opposition forces between March 2011 and the present. It proposes to refer that “situation” to the court in a carefully worded bid to save Israel from becoming ensnared. | The draft text, which could be circulated to all 15 members of the Council next week, gets around the problem by defining the conflict narrowly, as involving the Syrian government of President Bashar al-Assad, its allied militias, and armed opposition forces between March 2011 and the present. It proposes to refer that “situation” to the court in a carefully worded bid to save Israel from becoming ensnared. |
| The second way in which it addresses American concerns is that it exempts “current or former officials or personnel” of countries that have not ratified the Rome Statute — except Syria. That way, if American soldiers are ever involved in the Syrian conflict, they would be immune from prosecution. | The second way in which it addresses American concerns is that it exempts “current or former officials or personnel” of countries that have not ratified the Rome Statute — except Syria. That way, if American soldiers are ever involved in the Syrian conflict, they would be immune from prosecution. |
| The draft has been circulated to the five permanent members of the Council. The American Mission to the United Nations declined to comment. France also declined to comment on the specifics of the text. | The draft has been circulated to the five permanent members of the Council. The American Mission to the United Nations declined to comment. France also declined to comment on the specifics of the text. |
| While Russia may veto the measure, getting the United States on board to back such a resolution, which France has pushed for over the last several weeks, would serve to publicly isolate the Kremlin in the face of grave human rights abuses. | While Russia may veto the measure, getting the United States on board to back such a resolution, which France has pushed for over the last several weeks, would serve to publicly isolate the Kremlin in the face of grave human rights abuses. |
| Navi Pillay, the United Nations high commissioner for human rights, has urged the Council to refer Syria to the court. A separate inquiry has prepared a confidential list of suspected war criminals. | Navi Pillay, the United Nations high commissioner for human rights, has urged the Council to refer Syria to the court. A separate inquiry has prepared a confidential list of suspected war criminals. |
| Ken Roth, executive director of Human Rights Watch, said that while he wished the United States had signed on to the Rome Statute, the resolution was a sound compromise to go after those who are “committing mass atrocities in Syria.” | Ken Roth, executive director of Human Rights Watch, said that while he wished the United States had signed on to the Rome Statute, the resolution was a sound compromise to go after those who are “committing mass atrocities in Syria.” |
| Because Syria was also not a party to the statute, the International Criminal Court can open an investigation only with a Security Council referral. It did so with Libya in 2011. That resolution also had language that specifically protected American soldiers from potential prosecution. | Because Syria was also not a party to the statute, the International Criminal Court can open an investigation only with a Security Council referral. It did so with Libya in 2011. That resolution also had language that specifically protected American soldiers from potential prosecution. |