American Service-Members' Protection Act

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American Service-Members' Protection Act
Great Seal of the United States
EffectiveAugust 2, 2002
Citations
Public law107-206
Statutes at Large116 Stat. 820
Legislative history
  • Introduced in the House as H.R. 4775 by Bill Young (R–FL)
  • Passed the House on May 24, 2002 (280–138)
  • Passed the Senate on June 7, 2002 (71–22)
  • Reported by the joint conference committee on July 23, 2002; agreed to by the House of Representatives on July 23, 2002 (397–32) and by the Senate on July 24, 2002 (92–7)
  • Signed into law by President George W. Bush on August 2, 2002

The American Service-Members' Protection Act (ASPA, Title 2 of Pub. L. 107–206 (text) (PDF), H.R. 4775, 116 Stat. 820, enacted August 2, 2002), known informally as the Hague Invasion Act, is a United States federal law described as "a bill 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."[1] The text of the Act has been codified as subchapter II of chapter 81 of title 22, United States Code. Thirty Democrats and 45 Republicans voted to pass the bill. Among those who supported the bill were Hillary Clinton, Chuck Schumer, and Dianne Feinstein.[2][3]

The United States is not a member of the International Criminal Court (ICC). The Act authorizes the President of the United States 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 led to the act being colloquially nicknamed "The Hague Invasion Act", as the act allows the President to order U.S. military action, such as an invasion of The Hague, where the ICC is located, to protect American officials and military personnel from prosecution or rescue them from custody.[4][5]

The bill was introduced by U.S. Senator Jesse Helms (R-NC) and U.S. Representative Tom DeLay (R-TX),[6] as an amendment to the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States (H.R. 4775).[7] The amendment passed 75–19 (S.Amdt 3597).[2] The bill was signed into law by President George W. Bush on August 2, 2002.

SEC. 2008. of the Act authorizes the President of the U.S. "to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". The subsection (b) specifies this authority shall extend to "Covered United States persons" (members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government) and "Covered allied persons" (military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand).

Effects[edit]

The act prohibits federal, state and local governments and agencies (including courts and law enforcement agencies) from assisting the International Criminal Court (ICC). For example, it prohibits the extradition of any person from the U.S. to the ICC; it prohibits the transfer of classified national security information and law enforcement information to the ICC; 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 ICC. 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 ICC. Additionally, the act does not prohibit the U.S. from assisting in the search and capture of foreign nationals wanted for prosecution by the ICC, specifically naming Saddam Hussein, Slobodan Milošević, and Osama bin Laden as examples.

See also[edit]

References[edit]

  1. ^ "107th Congress 1st Session S. 1610" (PDF). www.congress.gov. Retrieved 21 January 2023.
  2. ^ a b "U.S. Senate: U.S. Senate Roll Call Votes 107th Congress - 2nd Session". www.senate.gov. Retrieved 2023-03-08.
  3. ^ ScahillFebruary 10 2023, Jeremy; P.m, 2:31. "U.S. Hypocrisy on War Crimes Is a Gift to Putin". The Intercept. Retrieved 2023-03-09.{{cite web}}: CS1 maint: numeric names: authors list (link)
  4. ^ "U.S.: 'Hague Invasion Act' Becomes Law". Human Rights Watch. 2002-08-03. Retrieved 2022-10-13.
  5. ^ "John Sutherland: Who are America's real enemies?". the Guardian. 2002-07-08. Retrieved 2022-10-13.
  6. ^ "US Congress Passes Anti-ICC "Hague Invasion Act"" (PDF). Coalition for the International Criminal Court (Press release). 26 July 2002. Archived from the original (PDF) on 2007-09-26.
  7. ^ "2002 Supplemental Appropriations Act for Further Recovery From and Response To Terrorist Attacks on the United States (2002 - H.R. 4775)". GovTrack.us. Retrieved 2022-10-13.

External links[edit]

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