CALL YOUR SENATORS and TELL THEM TO STOP
ANTI-International Criminal Court Legislation: 202-224-3121

As we approach the end of the legislative session, it is likely that Senator Helms (R-NC) will attempt to attach the "American Servicemembers Protection Act" (ASPA) to appropriations or authorizations bills that are being considered by the Senate.Human Rights First is urging the Senate to vote against the Helms provision, which is intended to prevent the International Criminal Court from coming into existence.

Although the current version of the bill contains broad presidential waiver language, the ASPA includes the following provisions: 

·        The United States must withhold military assistance, including training, from countries that ratify the ICC Treaty. The legislation exempts NATO countries, "major non-NATO allies" (Australia, Egypt, Israel, Japan, the Republic of Korea and New Zealand) and Taiwan.

·        The President is authorized to use "all means necessary and appropriate" to bring about the release from captivity of U.S. or Allied personnel detained or imprisoned against their will by or on behalf of the Court. By tradition this language includes military force.

·        The President shall ensure that all U.N. Security Council resolutions authorizing peacekeeping operations permanently exempt members of the U.S. armed forces from prosecution by the ICC.

·        The United States may not participate in peacekeeping missions unless the President certifies to Congress that U.S. military personnel have been exempted from ICC prosecution.

·        No classified national security information can be transferred directly or indirectly to the ICC or to countries that are Party to the Rome Statute.

·        No U.S. governmental entity may cooperate with the International Criminal Court.

·        No agent of the ICC may conduct any investigative activity in the United States.  

Most of the closest allies of the United States are strongly supportive of the ICC.  The European Union has formally adopted a common position in support of the Court; the United Kingdom recently ratified the Rome Treaty making it the 42^nd country to do so – 60 are required for the Court to come into existence, which likely will happen by next summer.  

Consideration of the ASPA comes at a time when the Administration is seeking to sustain a broad global coalition to respond to the attacks of September 11th.  When Senator Helms unsuccessfully sought to attach ASPA to the Defense Department Authorization bill two weeks ago, a European delegate at the United Nations remarked that U.S. opposition to the ICC can "potentially alienate allies, thereby eroding support for the global coalition against terrorism." Another delegate said that this legislation, which imposes military and legal reprisals “is unprecedented and unacceptable."  

The ICC will be a valuable foreign policy tool for the United States as it seeks to globally promote the rule of law and bring perpetrators of the most egregious crimes to justice. 

Please urge your Senators to oppose the efforts of Senator Helms to pass ASPA.