[Congressional Record Volume 148, Number 39 (Thursday, April 11, 2002)]
[Extensions of Remarks]
[Page E502]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                    THE INTERNATIONAL CRIMINAL COURT

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                        Thursday, April 11, 2002

  Mr. LANTOS. Mr. Speaker, today a number of countries will ratify the 
Rome Statute of the International Criminal Court, surpassing the 60 
countries needed to bring the Rome Statute into force. Ratification of 
this treaty is a notable achievement for the new foreign policy of the 
European Union, which adopted a common position in support of 
ratification. Indeed many of our European allies and our other friends, 
such as Belgium, Canada, Finland, France, Germany, Hungary, Italy, the 
Netherlands, New Zealand, Sweden, Switzerland and the United Kingdom, 
have all ratified this landmark international instrument.
  Everyone agrees that those who perpetrate genocide, crimes against 
humanity and war crimes must face justice, either before international 
tribunals or before the national courts of their own countries. And as 
we recently heard in the testimony before the Committee on 
International Relations, there may be situations, such as post-conflict 
societies, where it is simply impossible for national institutions to 
pursue prosecutions of such crimes. For example, the International 
Criminal Tribunals on the former Yugoslavia and Rwanda have done 
excellent work in those specific instances of gross violations of 
recognized international human rights norms.
  While many Members of this House have expressed reservations 
regarding the exact form of this Court, we all must now recognize that 
it is a reality. Over 60 countries from every continent have determined 
that it may be appropriate at times for an international court, rather 
than their own national courts, to prosecute and try perpetrators of 
genocide, crimes against humanity, and war crimes committed on their 
territory. Given the concerns that have been expressed regarding the 
possibility of overzealous prosecutions coming from the Court, I 
believe that it is imperative that we now all work together to ensure 
that the Court is a responsible international actor that advances the 
cause of human rights and international accountability, and fulfills 
its promise as a worthy legacy of the Nuremberg Tribunal.
  In order to achieve this end, I believe that the United States must 
remain engaged in the creation of the Court and its institutions. In 
the Preparatory Commission meetings establishing the mechanics and 
operations of the Court, U.S. diplomats and other officials have played 
a key role in shaping this institution. While I have no illusions that 
the United States will ratify the Rome Statute anytime soon, it would 
be shortsighted for us to take steps to neutralize our ability to 
assist in this process. In particular, I call on the Administration not 
to ``unsign'' the Rome Statute. As a signatory and in our observer 
capacity, we can continue influencing the form of the Court over the 
course of the next year into an institution that can have the effect of 
supporting U.S. national security goals, not damaging them. That is 
what we should focus on, not actions that would isolate us further from 
our friends and allies.
  Let us move forward constructively with respect to the International 
Criminal Court. If we do so, we may well be able to help advance the 
cause of human rights and international justice.

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