Wikileaks Reveals Price Paid by Costa Rica for Defying the US on International Criminal Court.

This past century has seen some of the worst atrocities in the history of humanity. In too many cases, these crimes have been committed with impunity, which has only encouraged others to flout the laws of humanity.

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

These most serious crimes of international concern are namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 114 countries and Costa Rica has signed this agreement.

The US has agreements with 100 countries, mostly developing countries in Latin America and Africa, whereby they will not prosecute US citizens before the International Criminal Court (ICC).

According to a State Department fact sheet, the US has pursued immunity from the ICC on the grounds that its citizens would be subject to, “politically motivated investigations and prosecutions.”

On 7th October 2007 the DR-CAFTA (Central America, Dominican Republic and United States Free Trade Agreement) was put to a vote of the Costa Rican citizens and passed with 52% of the vote. Legislators finally approved the agreement on 10th November 2008 after the treaty had been in effect for four years having been signed along with along with El Salvador, Nicaragua, Honduras and the Dominican Republic.

Delays in final approval of the treaty were the result of U.S. several demands placed on the Costa Rican government. One of those demands was that Costa Rica sign an agreement that U.S. citizens and military would be immune to prosecution in the International Criminal Court based on the assumption that American citizens could be subject to “politically motivated investigations and prosecutions”.

The U.S. demanded the agreement under the American Servicemembers’ Protection Act (ASPA) of 2001.

The ICC is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression). Costa Rica holds a seat on the ICC.

In September 2005 Foreign Minister Roberto Tovar stated: “We respect the absolute power of the United States, but for the love of God, this is not the way to treat a country that is your friend.”

It should, in fact, be illegal for one nation to require such agreements from another sovereign nation and in some quarters is a violation of international law yet, for four years the U.S. held Costa Rica hostage to monetary assistance for needed equipment and training for it’s internal police forces and Coast Guard. Costa Rica has no military.

Written by Les Waggoner who is a native of Denver, Colorado who moved to Ciudad Colon, Costa Rica in 2007. Les is retired, married twice with 7 children, 11 grandchildren and 12 great grandchildren. Les is a past member of American Mensa & Intertel and his major interests include education, history, political philosophy, economics, social issues, rural life and sustainable living.

Andrew Makarik

to@welovecostarica.com

Andrew Makarik is the main editor of WeLoveCostaRica, a fan of this sunny country. He is also a loving husband and a has a lovely daughter. By being a devoted family man and the biggest Costa Rica fan, he wants to make more people feel at home there. WeLoveCostaRica unites people and helps them find new home or a new travel destination. This website is a friendly community where everyone can find not only information, but also new friends and travel pals. Andrew is also passionate about IT and programming, so he himself maintains a friendly atmosphere in this cozy environment of WeLoveCostaRica.com.