US wants wider exemptions from war crimes court

America is negotiating with Britain and other European Union countries to expand blanket immunity to cover civilian as well as military personnel who might fall foul of the new international war crimes tribunal in the Hague.

The move is expected to seriously undermine the credibility and effectiveness of the International Criminal Court (ICC) which opened for business in July.

The US ambassador-at-large for war crimes, Pierre-Richard Prosper, said yesterday that 16 countries had, or were about to sign, bilateral agreements giving America the right to have US citizens accused of atrocities sent home rather than be tried at the new court.

It had been thought that America was only seeking immunity for its military personnel but now it is clear that Washington wants a much wider agreement.

The new court, which is backed by 137 countries and has been ratified by more than 70, will be a permanent forum for the prosecution of genocide, war crimes and crimes against humanity. But the US has stubbornly refused to sign the treaty which establishes the jurisdiction of the ICC.

Mr Prosper said that the bilateral agreements would extend to "present, former and future servicemen and officials". But he added that America was also looking to include all its citizens.

He added: "We are discussing it with the states as we move along. We do have concerns of US citizens; we have a responsibility as an administration to protect the overall interests of the United States and that will include US citizens.

"What we are asking is that if there is a crime then that person not go to the ICC.

"But we believe in the rule of the law and we will ensure that the person is investigated and properly prosecuted."