MONTEGO BAY — Caribbean Community leaders were yesterday engaged in intense discussions, at varying levels, to arrive at a unified response to pressure from the United States of America for bilateral waiver exemptions of American nationals from the jurisdiction of the International Criminal Court (ICC).

The heads of governments are being assisted in their deliberations with a legal brief provided by the community’s secretariat, as they move to overcome differing positions following Monday’s enforcement of a US decision to cut military aid to six Caricom states.

But according to Observer sources, regional delegations differ on whether the issue is primarily a “legal” or “political” one.

Those who view it as a “political matter that strikes at the root of our sovereignty”, have warned against creating a precedent for what, one attorney-general said, could be “the beginning of a bowing syndrome” to pressure tactics from the George Bush administration in Washington.

The legal brief from the secretariat was expected to help the Caricom leaders overcome their divisions and arrive at a formula for the release of a “unified text” on how they intend to deal with the USA on the controversial question of immunity waiver for American nationals.

Along with the legal brief from the Caricom secretariat, the Antigua and Barbuda delegation, headed by Prime Minister Lester Bird, has circulated a document proposing efforts to arrive at a common text that paves the way for Caricom countries to enter into bilateral agreements with the USA but consistent with their “principled support” for the ICC.

It has been noted, in the legal brief, that the ICC — to which all Caricom member states have committed their support — is a “permanent court, capable of investigating and trying individuals accused of the most serious violations of international humanitarian and human rights law, such as war crimes, crimes against humanity and genocide”.

The legal brief has been submitted for consideration at the current 24th Caricom Summit, which enters its third day today.

Some opinions reflected in the legal brief contend that the squeeze being applied by the USA to secure bilateral exemption agreements for its nationals, marks the beginning of “an active campaign” by the US administration to ensure that it is never subjected to the ICC’s jurisdiction.

The George W Bush administration backed away from the treaty, which was originally signed by his predecessor, Bill Clinton.

Now, some of the 130 countries that are party to the ICC’s treaty, contend that if the USA succeeds in undermining the legitimacy of this international court, the next move would be to weaken the authority of the World Trade Organisation (WTO), once it is affected by negative rulings.

Yesterday, as a few countries of the Organisation of Eastern Caribbean States (OECS) –among them Antigua and Barbuda — were signalling a willingness to enter into separate bilateral waiver agreements with the USA, countries such as Jamaica and Grenada were preparing to go ahead with plans to ratify the ICC treaty.

Guyana, St Lucia, Suriname and Haiti are yet to even arrive at a ratification position.

Barbados and Trinidad and Tobago, as well as St Vincent and the Grenadines, are among states affected by the US military aid cuts that are reported to be firm against acquiescing to pressures for bilateral immunity agreements against extradition of Americans to go before the ICC for war crimes or crimes against humanity.