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U.S. Policy Regarding the International Criminal Court

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Congressional rept.

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One month after the International Criminal Court ICC officially came into existence on July 1, 2002, the President signed the American Servicemembers Protection Act ASPA, which limits U.S. Government support and assistance to the ICC curtails certain military assistance to many countries that have ratified the Rome Statute establishing the ICC regulates U.S. participation in 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. 3057P.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. H.R. 5522, as passed by the House of Representatives, would continue the ESF restriction for FY2007. The Senate passed a measure as part of the 2007 National Defense Authorization Act H.R. 5122, S. 2766 that would modify ASPA to end the ban on IMET assistance. This report outlines the main objections the United States has raised with respect to the ICC and analyzes ASPA and other relevant legislation enacted or proposed to regulate 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 Administrations efforts to win immunity from the ICCs jurisdiction for Americans.

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  • Government and Political Science
  • Sociology and Law
  • Military Forces and Organizations
  • Unconventional Warfare

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