By Judy Aita
Washington File United Nations Correspondent

United Nations -- The United States is asking the Security Council to adopt a resolution exempting U.S. citizens serving in U.N. operations from prosecution by the new International Criminal Court (ICC).

"We have tendered two resolutions in draft form that we think could take care of our concerns, we've invited input from others; but the bottom line that the United States will not endanger U.S. citizens to the reach of the ICC -- a treaty we have not agreed to -- is a firm principle that has been laid out by the United States Government time and again," U.S. Ambassador Richard Williamson said June 19.

Williamson is the U.S. representative to the U.N. for special political affairs. Talking with journalists after a private council meeting on the issue, he said the United States wants the issue addressed before a vote on the mandate of the U.N. mission in Bosnia-Herzegovina, which is due to expire June 21, and especially before the ICC treaty goes into effect July 1.

There are three fundamental principles behind the U.S. action, the ambassador said. "One, we recognize the right of sovereign states to make decisions in their interest and, therefore, recognize the right of those states to decide to join the International Criminal Court. And in this exercise we are not trying to change their position."

"But, two, the United States also has a sovereign right and has made a decision not to join the International Criminal Court and the other members of the Security Council will not change our position," he said.

"So therefore, three, all the members of the Security Council, including the United States, support and have supported the effectiveness of U.N. peacekeeping around the world and we hope to find a pragmatic way in which we can strengthen peacekeeping while respecting the United States position that we will not put American men or women under the reach of the International Criminal Court while serving in a United Nations peacekeeping operation. Period."

The ambassador said that "the whole spectrum of United Nations peacekeeping operations will have to be reviewed if we are unsuccessful at getting the protections we demand."

U.S. diplomats have been stressing that the United States is not trying to weaken U.N. peacekeeping efforts. Such a resolution, they say, will strengthen peacekeeping overall.

Diplomats representing other members on the council say that the draft must be studied carefully because agreeing to such a resolution may have implications for them either as full parties to the treaty or for the ratification processes that are now under way. About five current members of the council are parties to the treaty and a similar number are in the process of ratifying it.

Currently there are about 740 U.S. citizens -- both military and civilian -- participating in 16 U.N. peacekeeping missions. One U.S. solider is serving as a peacekeeper in the Ethiopia/Eritrea mission and another 33 are military observers in the Western Sahara, Kuwait, Kosovo, Georgia, East Timor, and the Golan Heights. The vast majority of Americans in U.N. operations are civilian police, with 549 in Kosovo alone.

The United States has made clear to the council that "we need to have the ICC issue addressed before we could support a resolution on Bosnia," Williamson said.

However, the ambassador rejected suggestions that with the deadline for the Bosnian mission just days away the U.S. was engaging in diplomatic blackmail.

"It's part of what I'd call the normal diplomatic dialogue -- trying to get a discussion and a resolution," he said. "Everyone of our colleagues on the Security Council reiterated their desire to seek a pragmatic solution to address our concerns. We think that can and should be possible."

Neither is the U.S. using the threat of a U.S. withdrawal from peacekeeping operations to get the resolution passed, Williamson said.

"We are stating that the United States, just like every other country, has an obligation to pursue its national interests," he said. "We have made our views very well known on the ICC and we've now made our views very well-known on our concerns on the ICC potentially reaching American men and women serving in U.N. peacekeeping operations."

Williamson also said that the bilateral agreements that are currently used internationally, including the so-called status of forces agreement and status of mission understanding, are helpful, but do not satisfy U.S. requirements.

"The U.S. position is they are not adequate in and of themselves to protect U.S. citizens under U.N. peacekeeping operations," the ambassador said.

"The view of the lawyers is that a U.N. resolution has a more blanket effect. The status of forces and status of mission agreements are bilateral, so therefore travel to a third country (by Americans in U.N. missions) would not necessarily be covered," Williamson said.

Under the draft proposed by the United States, the council would decide that persons of or from states contributing to operations either established or authorized by the Security Council "shall enjoy in the territory of all member states other than the contributing state immunity from arrest, detention, and prosecution with respect to all acts arising out of the operation and that this immunity shall continue after termination of their participation in the operation for all such acts."

The draft says that states contributing personnel would have the responsibility of investigating crimes and prosecuting offenses alleged to have been committed by their nationals in connection with the operation. A state may also waive the immunity for their nationals if "in its judgement, the interests of justice will be served."

One of the main U.S. objections to the ICC treaty is that there are no safeguards in place to protect individuals against political prosecutions. Thus a member of the U.S. military or a U.S. official could be brought before the court for purely political reasons rather for legitimate offenses.

Diplomats gave no indication on whether the council will be able to vote on the resolution by June 21.