URGE THE US CONGRESS TO REJECT ANTI-ICC LAW

Urgent! Please take action the in the next 48 hours!

On Friday, December 7, the U.S. Senate passed Senator Jesse Helm's anti-ICC proposal, the "American Servicemembers Protection Act" (ASPA) as an amendment to the Defense Appropriations Act. The ASPA attempts to undermine the establishment of a permanent International Criminal Court (ICC), which will prosecute individuals accused of genocide, crimes against humanity, and war crimes when national courts are unable to do so. It prohibits cooperation of any kind with the Court. The ASPA has been characterized by some as "The Hague Invasion Act" because it authorizes the United States to use "all means necessary and appropriate" force to liberate any U.S. or allied persons detained on behalf of the proposed ICC, which will be based in The Hague, The Netherlands.

The House passed its version of the ASPA in May as an amendment to the Department of State Authorization Act. The House version of the Defense Appropriations Act contains another anti-ICC amendment that cuts off funding for cooperation with the Court. It is more limited, however, and would not become permanent law as it will expire at the end of the 2002 fiscal year. The House version would also restrict foreign aid to other countries unless they prevent American troops within their borders from being delivered to the Court. The Senate version does not include such a provision and also gives the U.S. president broader power to waive the restrictions on cooperation with the Court and its
supporters.

Members of the Senate and the House, meeting in conference, will now try to reconcile these two different Defense Appropriations Acts. Human Rights Watch is opposed to both of these anti-ICC laws and seeks their removal from the Defense Appropriations Act. If this is not possible, the House version should be adopted as the lesser of two evils because it is not as broad in scope as the ASPA and because, unlike the Senate ASPA, it will not be a permanent law. If either version is adopted, it must contain a broad power for the President to waive the prohibitions so that the United States is not locked into an anti-ICC stance
contrary to its own interests.

Click here for more about the United States and the International Criminal Court


TAKE ACTION NOW

The Defense Appropriations Act is now in conference. Please take action the in the next 48 hours. Please fax or email the following Committee chairs urging them not to include the American Servicemembers Protection Act (ASPA), as an amendment to the Department of Defence Appropriations Act.

For a sample letter see below or visit
http://www.hrw.org/campaigns/icc/aspaletter.htm


PLEASE CONTACT

In the House of Representatives

Representative Bill Young (Florida),
Appropriations Committee Chairman
Fax: 202-225-9764
Email: [email protected]

Representative David Obey (Wisconsin),
Ranking Minority Member
Fax: 202-225-3240

Rep. Jerry Lewis (California)
Fax: 202-225-5861
Email: [email protected]

Rep. John Murtha (Pennsylvania)
Fax: 202-225-2065
Email: [email protected]


Senate Subcommitte on Defense

Senator Daniel Inouye (Hawaii),
Subcommittee Chair
Fax: 202-224 3934
Email: [email protected]

Senator Robert C. Byrd (West Virginia),
Senate, Ranking member
Fax: 304-343 7144
Email: [email protected]

Senator Ted Stevens (Alaska)
Fax: 202-224-3004
Email: [email protected]


SAMPLE LETTER

Dear Senator/Congress member,

I am writing to express my profound dismay at the Senate's adoption of the so-called American Servicemembers Protection Act (ASPA), as an amendment to the Department of Defence Appropriations Act.

The ASPA is aimed at attacking the International Criminal Court (ICC), one of the most important human rights initiatives since the adoption of the Universal Declaration of Human Rights. The ICC will prosecute, according to the highest standards of due process, individuals who commit heinous international crimes, like those committed against the United States on September 11.

The ASPA will not prevent the establishment of the ICC, support for which is growing in the wake of the September 11 attacks. Indeed, the required 60 ratifications are likely to be completed by the middle of next year. Nor will it strengthen protections for U.S. service members in any practical way. The only real impact this legislation can have is to diminish the credibility of U.S. efforts to forge coalitions against human rights abusers, including terrorists, now and in the future.

The coalition of support for the ICC includes every member of the European Union, virtually every major U.S. ally, and most countries the United States is seeking to enlist in the effort to bring to justice the perpetrators of the September 11th attacks. The message of the ASPA is not one the United States should be sending to the world, particularly now.

I understand that the Defense Appropriations Act is now in conference. I urge you to do all you can to make sure that this anti-ICC amendment is not included in the version of the bill that is enacted by the Congress.

At the very least, I urge you to ensure that the bill that leaves the House-Senate conference is better than the ones that went in. It must, at a minimum, provide for the broadest possible Presidential waiver so that the United States can cooperate with the Court in prosecuting the worst international criminals, which is surely in America's national interest. America's interests are not served by locking future
administrations into a rigid approach that alienates its friends while undermining the cause of justice.

I look forward to your support on this crucial matter.