U.S. Threatens to Cut Aid to Countries That Support the ICC

Under a provision in the appropriations bill currently before the United States Congress, countries that are members of the International Criminal Court may lose millions of dollars in U.S. aid for projects to counter terrorism, build democratic institutions, promote peace and stability, and foster economic growth. The provision, proposed by Rep. George Nethercutt (R-WA) and known as the Nethercutt Amendment, cuts Economic Support Fund assistance to states that are parties to the ICC and have not entered into an immunity agreement with the U.S. preventing the ICC from proceeding against U.S. personnel.

“Now is a time when the U.S. should be reaching out to assist countries interested in developing a more democratic and peaceful world,” said Raj Purohit, Legislative Director. “With the Nethercutt Amendment, the U.S. is sadly withdrawing its support for such activities because of a shortsighted campaign against the ICC.”

Countries particularly threatened by the Nethercutt Amendment include Cyprus, Ecuador, Ireland, Jordan, Paraguay, Peru, South Africa and Venezuela.

• Cyprus may lose $13.5 million for the promotion of reconciliation between Greek and Turkish Cypriot communities.
  
  
• Ecuador, Paraguay, Peru and Venezuela may lose millions of dollars for democratic institution building and economic growth. Ecuador and Peru may also lose an additional $4 million for a peace, child survival, biodiversity and economic growth program.
  
  
• Ireland may lose $3.5 million for the Walsh Visa Program, which brings youth from disadvantaged areas to the U.S. to develop job skills, and could also lose part of an additional $8.5 million for the International Fund for Ireland, which helps foster cross-community cooperation, economic regeneration and job opportunities in Northern Ireland and the border communities.
  
  
• Jordan may lose $250 million for the promotion of economic growth, governance reforms and secular education.
  
  
• South Africa may lose millions of dollars for the support of economic growth, democracy, anti-crime, anti-corruption and counterterrorism programs.

Exempt from the Nethercutt Amendment are those countries that are eligible to receive Millennium Challenge Act assistance. The provision also allows the President to waive any cuts for NATO members, major non-NATO allies (Argentina, Australia, Egypt, Israel, Japan, Jordan, New Zealand and the Republic of Korea) and Taiwan.

The appropriations bill has passed in the House of Representatives, and the Senate is scheduled to vote on the bill on Wednesday, December 8, 2004.

Background on the ICC

The ICC is a court of limited criminal jurisdiction, mandated to bring justice to victims of the most serious crimes under international law – such as genocide, crimes against humanity and war crimes – when national courts fail or are unable to act. Following this limited mandate, the ICC has thus far opened only two investigations into these grave crimes: one in the Democratic Republic of the Congo and the other in northern Uganda. In both cases, the ICC’s chief prosecutor began such investigations following requests by the governments of these countries to examine the serious crimes committed there.

Pursuant to existing status of forces agreements with those countries where U.S. armed forces are deployed, U.S. military courts have jurisdiction over crimes that may be committed by U.S. troops. In the event that U.S. troops were alleged to have committed serious crimes such as genocide, the U.S. military justice system would have jurisdiction over the case.

Read more on the ICC

Read more on the U.S. and the ICC

More on International Justice
http://www.humanrightsfirst.org/international_justice/intl_justice.htm

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