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 vote’s 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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