WikiLeaks cables lay bare US hostility to international criminal court

US embassy dispatches reveal American preoccupation with discerning court's views on Iraq

The international criminal court has proved one of the most controversial international institutions since its creation in 2002, drawing fire from some for its exclusive focus on Africa, and accused by others of pursuing the policy objectives of America and Europe.

But America has also been hostile to the court, refusing to join it for fear its own citizens could be put on trial for war crimes. The cables reveal American preoccupation with the personalities in the court and an attempt to discern their views on Iraq from the outset.

One cable, sent in July 2003, three months after Luis Moreno-Ocampo was elected as chief prosecutor, offered an "early glimpse" into his stance and reveals American unease about the possibility that he could pursue cases over British actions in Iraq.

"Less clear are [Ocampo's] views on Iraq," the cable states. "Ocampo has said that he was looking at the actions of British forces in Iraq -- which … led a British ICTY prosecutor nearly to fall off his chair."

"Privately, Ocampo has said that he wishes to dispose of Iraq issues (ie. Not to investigate them.)"

The cables also attempt to cast off early remarks about Iraq by Ocampo – who is from Argentina – as a language issue.

"Some Embassy contacts also suggest that Ocampo's mediocre English skills may have given his public remarks a less nuanced … tenor than intended," the cable states.

In another cable, the Americans described Ocampo's estimates of loss of life in Darfur, part of the basis on which he has indicted Sudanese president Omar al-Bashir for war crimes, as "imaginary numbers".

Although America's hostility to the court has weakened considerably under President Obama, with the country now adopting a policy of "principled engagement" and occupying observer status, the cables still show American resistance to any expansion of the court's role.

America was strongly against "crimes of aggression" being added to the list of those within the court's jurisdiction. The crime, defined as one "committed by a political or military leader which, by its character, gravity and scale, constituted a manifest violation of the [UN] Charter", was adopted by members of the court in June.