U.S.-Thai Immunity Pact “Flouts Sovereignty”

A planned agreement with the United States giving US citizens here immunity from international prosecution offends Thai sovereignty and democratic principles, a Senate source has said.

The Senate Committee for Foreign Affairs is scheduled to issue a statement today expressing concern at Prime Minister Thaksin Shinawatra's plan to sign an agreement during his working visit to the US next week.

The proposed agreement would protect US citizens from prosecution by the International Criminal Court (ICC).

The Senate panel is expected to say that as a signatory to the ICC convention, any action connected to the convention must be approved by Parliament. Thailand signed the ICC convention during the Chuan administration and the current government has said it would ratify it.

Under the proposed agreement, Thailand and the US would not surrender each other's nationals to third parties without consent when the purpose is to put them in the jurisdiction of the ICC.

Thaksin is set to visit the US from Monday to June 14 at the invitation of the US-Asean Business Council, and is scheduled to meet US President George W Bush during the visit.

The Senate committee source said that the statement would express concern that giving extra-territorial jurisdiction to US citizens by signing the agreement is contrary to the principle of sovereignty.

The Senate views the agreement as opening the door to the return to Thailand of US military forces, which withdrew in 1975.

Washington has opposed the international criminal court, fearing it will be used to prosecute members of its military, civilian contractors and former officials.

The US has waged a worldwide campaign to sign immunity deals and has been successful with 34 countries. The Philippines recently became the first Association of Southeast Asian Nations member to sign the pact, known as an Article 98 agreement.

Others signatories include Afghanistan, Azerbaijan, Bahrain, Bhutan, Bosnia-Herzegovina, Congo, East Timor, El Salvador, Gabon, The Gambia, India, Israel, Madagascar, Nepal, Palau, Romania, Rwanda, Sierra Leone, Sri Lanka, Tajikistan, Tonga, Tuvalu and Uzbekistan.

Defence Minister Gen Chavalit Yongchaiyudh said both the US and Thailand would benefit from signing the agreement. He said approval was given to the prime minister to ratify the agreement by the Cabinet at its weekly meeting on Tuesday.

Foreign Ministry spokesman Sihasak Puangketkaew dismissed a news report that Thailand would sign an agreement with the US in return for Washington's recognition of Thailand as a major non-Nato ally.

The spokesman said it's up to the US Congress to decide on the matter.