In a gain for supporters of the ICC, the U.S. Senate has voted to
drop the American Servicemembers Protection Act, Jesse Helms
anti-ICC amendment to the Department of Defense Appropriations Bill,
which had passed 78-21 on December 7. Helms amendment had:
- Blocked
U.S. aid to allies unless they signed accords to keep soldiers
on their territory from being turned over to the ICC;
- Authorized
"any necessary action" to free U.S. soldiers detained
by the ICC;
- Prohibited
the U.S. from sharing classified information with the ICC, or
even lending legal cooperation.
On
December 20, after days and nights of intense committee work, the
Senate adopted a much milder amendment sponsored by Representative
Henry Hyde (R, Illinois), which only restricts the use of U.S. funds
to support or negotiate with the ICC during the 2002 fiscal year.
Congress is expected to vote on the Hyde amendment this week. The
turn-around vote is attributed to mobilization on the part of human
rights organizations, NGOs, grassroots groups, and congressional
members and staff.
The
issue is far from settled, however, because the State Department
Authorization Act comes up before Congress in the spring, and Senator
Helms is expected to offer yet another amendment barring U.S. participation
in the ICC. The White House is also expected to have completed its
own review of the International Criminal Court and to issue some,
at least provisional, statement of policy.
The International Criminal Court is expected to be up and running
in The Hague in the first half of 2002.
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The International Criminal Court, created by the Rome Treaty of
1998 to try persons accused of war crimes, genocide, and crimes
against humanity is not yet functioning. But even though President
Clinton signed the treaty and U.S. experts drafted key parts of
the ICC foundational documents, the Senate has just voted-by a landslide
78-21-to bar the United States from cooperating with this international
tribunal and to impose serious sanctions against countries that
do not exempt the United States from its reach.
The staunchest friends of the United States all favor the formation
of the ICC, including Britain, France, and Germany who are fighting
alongside U.S. troops in Afghanistan.
Had the International Criminal Court (ICC) been up and running on
September 11, the individuals responsible for the violent deaths
of thousands of unarmed civilians at the World Trade Center could
have been brought to The Hague and charged before the world with
committing crimes against humanity.
As a permanent body, the ICC is intended to set international standards
for the prosecution of these most heinous crimes. It will complement,
not replace, domestic national courts, only stepping in when the
latter systems cannot or will not undertake the trials themselves.
It will work prospectively, trying cases that arise only after the
court is up and functioning.
The court will become functional when 60 nations have signed and
ratified the Treaty: to date, 47 countries have done so. The remaining
thirteen ratifications are expected soon.
The
amendment to the American Servicemembers Protection Act passed
on December 7, was introduced by Senator Jesse Helms, Republican
of North Carolina.
-
It blocks U.S. aid to allies unless they sign accords to keep
soldiers on their territory from being turned over to the ICC.
-
It authorizes "any necessary action" to free U.S. soldiers
detained by the ICC.
-
It prohibits the U.S. from sharing classified information with
the ICC, or even from responding to Letters Rogatory (which ask
law enforcement officials for cooperation in investigations).
The
Crimes of War Project has collected a series of articles and links
covering the vote. Please return for a full analysis of the votes
global ramifications.
Selected Articles in the Media
International
Coalition on International Criminal Court
Five articles and a letter to the editor on the vote on American
Servicemembers Protection Act (ASPA). Collected by the CICC, International
NGO Coalition for the International Criminal Court.
Selected
Reports from NGOs
The
Campaign to End Genocide
An Initiative of the World Federalist Association
American Servicemembers' Protection Act
Dept. of Defense Appropriations Act (HR 3338, S. AMDT 2336)
Human
Rights Watch
What
You Can Do: Urge the US Congress to reject anti-ICC law.
U.S.:
Waiver Needed for War Crimes Court
Senate Legislation A "New Low for Human Rights"
Human Rights Watch News
10 December 2001
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