U.S. Compromises On War Crimes

UNITED NATIONS -Washington yesterday compromised its longstanding campaign to guarantee that no American would ever be prosecuted for war crimes by an international court.

The compromise would limit to "only" one more year the scope of a Security Council resolution that affords immunity from prosecution for troops from countries that, like America, are not members of the Hague based International Criminal Court.

"After one year, this arrangement will end," said the American ambassador, James Cunningham, acknowledging many council members were "uncomfortable" with the situation.

He vowed Washington will continue to try to provide immunity for Americans from prosecution by the ICC. So far, 90 nations have signed a bilateral treaty with America to avoid such a case. France and Germany, aided by Secretary-General Annan, led a campaign to oppose renewal of the two-year old resolution. Even last night, diplomats were far from sure that nine supporting votes necessary to pass a resolution at the 15-member council could be secured.

"We are hopeful that this new compromise will garner support at the council," said a spokesman for the American U.N. mission, Richard Grenell. Diplomats expect a vote by tomorrow or, at the latest, next Monday.

The German ambassador, Gunter Pleuger, said that he still intends to abstain, along with France. "This is our polite way of saying no" to the Americans, Mr. Pleuger told The New York Sun.

Mr. Annan told the council last week that he has "always" opposed the idea of exempting troops from ICC prosecution. "I think it would be unfortunate for one to press for such an exemption [now], given the prisoner abuse in Iraq," he told reporters.

But Mr. Cunningham countered that the Abu Ghraib situation is "not germane to this discussion," since suspects are going to be prosecuted by the American justice system.

The council, under pressure from Washington, first passed the immunity clause for troops in Iraq two years ago and it was renewed last year. The Bush administration opposes the ICC for fear it would undermine American sovereignty and single out its troops for prosecution.