Immunity ... Or Else

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Even as it presses for the capture of accused war criminals on the lam in Serbia and Croatia, the U.S. is using hardball tactics to insulate its own citizens from similar prosecution. By an act of Congress, Washington last week cut military aid to at least 30 countries that failed to sign agreements exempting Americans from prosecution by the new International Criminal Court in the Hague. Balkan and Eastern European countries are hardest hit. Many decided not to sign the "nonsurrender" agreements for fear of alienating the European Union, which backs the court. The U.S. says the court could bring malicious, politically inspired cases against its citizens — a contention disputed by the court, and even by American allies like the U.K.

Both Colin Powell and Donald Rumsfeld visited Albania this spring, and Deputy Defense Secretary Paul Wolfowitz was in Bosnia in May. Both countries agreed to sign the U.S. exemption — as did at least 47 others. But Croatia, Slovenia, Estonia, and Latvia — all eyeing E.U. membership — rejected the demand. Under U.S. law, they will now forfeit U.S. military aid — all told, more than $230 million in 2004. But they still have until the fall, when next year's U.S. military budget is prepared, to reconsider.