http://worldcat.org/entity/work/id/7967886

U.S. policy regarding the International Criminal Court

One month after the International Criminal Court (ICC) officially came into existence on July 1, 2002, the President signed legislation that limits U.S. government support and assistance to the ICC; curtains certain military assistance to many countries that have ratified the Rome Statute establishing the ICC; regulates U.S. participation in the United Nations (UN) peacekeeping missions commenced after July 1, 2003; and, most controversially among European allies, authorizes the President to use "all means necessary and appropriate to bring about the release" of certain U.S. and allied persons who may be detained or tried by the ICC. The provision withholding military assistance under the programs for Foreign Military Financing (FMF) and International Military Education and Training (IMET) from certain States Parties to the Rome Statute came into effect on July 1, 2003. The 109th Congress reauthorized the Nethercutt Amendment as part of the FY2006 Consolidated Appropriations Act (H.R. 3057/P.L. 109-102). Unless waived by the President, it bars Economic Support Funds (ESF) assistance to countries that have not agreed to protect U.S. citizens from being turned over to the ICC for prosecution. The ICC is the first permanent world court with nearly universal jurisdiction to try individuals accused of war crimes, crimes against humanity, genocide, and possibly aggression. While most U.S. allies support the ICC, the Bush Administration firmly opposes it and has renounced any U.S. obligations under the treaty. After the Bush Administration threatened to veto a United Nations Security Council resolution to extend the peacekeeping mission in Bosnia on the ground that it did not contain sufficient guarantees that U.S. participants would be immune to prosecution by the ICC, the Security Council adopted a resolution that would defer for one year any prosecution of participants in missions established or authorized by the UN whose home countries have not ratified the Rome Statute. That resolution was renewed through July 1, 2004, but was not subsequently renewed. In addition, the United States is pursuing bilateral "Article 98" agreements to preclude extradition by other countries of U.S. citizens to the ICC. The United States did not exercise its veto power at the Security Council to prevent the referral of a case against Sudan's leaders for the alleged genocide in Darfur. This report outlines the main objection the United States has raised with respect to the ICC and analyzes the American Servicemembers' Protection Act (ASPA), enacted to regulate the U.S. cooperation with the ICC. The report concludes with a discussion of the implications for the United States, as a non-ratifying country, as the ICC begins to take shape, as well as the Administration's efforts to win immunity from the ICC jurisdiction for Americans.

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