The Human Rights Ombudsman Matjaž Hanžek addressed a letter to the Slovenian government and the foreign affairs ministry in connection with the proposal from the United States that it sign with Slovenia a bilateral agreement whereby the signatories would grant each other mutual immunity from the International Criminal Court. We publish his letter here as a public statement by the ombudsman:

"Sirs,

The principles of the Universal Declaration of Human Rights convinces me that the proposal sent by the government of the United States of America to certain countries, including Slovenia, whereby they should grant immunity to their citizens from prosecution by the international criminal court, is counter to the foundations of human rights. For this reason I would expect the government of the Republic of Slovenia, and the Slovenian Ministry of Foreign Affairs, to reject such a request.

“Article 2 of the Universal Declaration of Human Rights states: “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust , non-self-governing or under any other limitation of sovereignty.” And Article 7 emphasises: “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.”

“The primary purpose of the Declaration is to prevent any individual or group of people from enjoying rights that apply to the majority. At the same time, this means that any other kind of differentiation is also prohibited – that individuals can enjoy special rights that do not apply to others. This is provided specifically by Article 30 of the Declaration, which states: “Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.”

“The requirements of the Universal Declaration of Human Rights are clear! I therefore see no need for delay in sending a rejection to the United States of America."