War crimes court opens in the Hague

The world’s first permanent war crimes court came into force today and Dutch administrators overseeing its initial months of operation are ready to register claims of genocide and wartime atrocities.

With the backing of 74 countries, and fierce opposition from the US, the Hague-based institute will have the authority to prosecute individuals - not states - suspected of war crimes anywhere in the world.

The International Criminal Court will not have the power to try offences committed before July 1, 2002.

A four-member skeleton staff opened for business at a temporary office ‘‘with a fax and a phone’’ to keep track of complaints until permanent representatives are appointed early in 2003, said Bart Jochems, a spokesman for the Dutch Foreign Ministry.

Allegations will be filed and evidence handed to the court’s caretakers which will be retained for safekeeping until prosecutors take over next year.

The start of the court’s jurisdiction signals the beginning of ‘‘the greatest institution of peace ever created’’, said William Pace, head of the Coalition for the International Criminal Court, which includes over 1,000 global organisations.

‘‘All who believe in democracy and justice and the rule of law can celebrate,’’ he said.

‘‘This is truly one of the greatest advances of international law since the founding of the United Nations 57 years ago.’’

While the court’s supporters rejoiced, the UN Security Council tried to resolve a dispute over a US demand for immunity for American peacekeepers, which is opposed by Britain, France and Germany among others.

Washington has said it will oppose extending the mandate of the Bosnian peacekeeping force unless its participants are exempt from arrest and prosecution. Later the US agreed to extend the mission for a further 72 hours by which time it is the dispute can be resolved.

Fearing US soldiers and leaders could be indicted on political grounds, the US Senate adopted legislation authorising the President to use ‘‘all means necessary’’ to free US citizens held by the court. It also enables the US to penalise countries for cooperating with the court.

Supporters say there are many safeguards to prevent such abuse, including a democratic process to elect a prosecutor and 18 judges. Each member country has one vote.

Unlike the tribunal for the former Yugoslavia, also based in The Hague, the 1998 Rome Statute creating the international court states that prosecutors may only indict individuals not tried by their own governments.

Nations will have first say over where suspects go on trial, not the permanent court.

‘‘We don’t understand why the United States doesn’t have more faith in its own justice system to punish those who violate international law,’’ Jochems said.

‘‘By pitting international peace against international justice the US government has sunk to a new low in terms of its moral and political leadership at the United Nations,’’ Mr Pace said.

Another safeguard against political prosecution is the aim of an independent prosecutor’s office that will weigh claims of war crimes on their merit, not on political grounds.

The court will initially be located in a 16-storey office building until a permanent facility with purpose-built courtrooms has been constructed, probably by 2007. It could take 18 months before a first case is heard.

In addition to the Yugoslav tribunal trying former Yugoslav President Slobodan Milosevic, the Netherlands also hosts the World Court which generally hears territorial disputes between countries.