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 draconian 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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