American Service-Members' Protection Act

American Service-Members' Protection Act
Great Seal of the United States
Effective August 2, 2002
Citations
Public law 107-206
Statutes at Large 116 Stat. 820
Legislative history

The American Service-Members' Protection Act (ASPA, Title 2 of Pub.L. 107–206, H.R. 4775, 116 Stat. 820, enacted August 2, 2002) is a United States federal law that aims "to protect United States military personnel and other elected and appointed officials of the United States government against criminal prosecution by an international criminal court to which the United States is not party." Introduced by U.S. Senator Jesse Helms (R-NC) and U.S. Representative Tom DeLay (R-TX)[1] it was an amendment to the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States (H.R. 4775).[2] The bill was signed into law by U.S. President George W. Bush on August 2, 2002.

Effects

ASPA authorizes the U.S. president to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court." This authorization has led the act to be nicknamed The Hague Invasion Act,[3][4] because the freeing of U.S. citizens by force might be possible only through an invasion of The Hague, Netherlands, the seat of several international criminal courts and of the Dutch government. [5]

The act prohibits federal, state and local governments and agencies (including courts and law enforcement agencies) from assisting the court. For example, it prohibits the extradition of any person from the U.S. to the Court; it prohibits the transfer of classified national security information and law enforcement information to the court; and it prohibits agents of the court from conducting investigations in the U.S.

The act also prohibits U.S. military aid to countries that are party to the court. However, exceptions are allowed for aid to NATO members, major non-NATO allies, Taiwan, and countries that have entered into "Article 98 agreements", agreeing not to hand over U.S. nationals to the court. The president may waive this prohibition if he determines that to do so is "important to the national interest of the U.S."

See also

References

  1. ↑ Coalition of the International Criminal Court, "US Congress Passes Anti-ICC "Hague Invasion Act"". 4 March 2016. Accessed 6 March 2013.
  2. ↑ Govtrack, "H.R. 4775 (107th): 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States". Accessed 6 March 2013.
  3. ↑ Human Rights Watch, "U.S.: 'Hague Invasion Act' Becomes Law". 3 August 2002. Accessed 8 January 2007.
  4. ↑ John Sutherland, "Who are America's real enemies?". The Guardian, 8 July 2002. Accessed 8 January 2007.
  5. ↑ Wikipedia, "The Hague". 4 September 2015. Accessed 6 June 2016.
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