On 07/15/2004, the United States House of Representatives passed H.AMDT.706 to H.R.4818 : to prohibit ESF assistance to the government of any country that is a party to the International Criminal Court and has not signed an Article 98 agreement to surrender U.S. nationals to the ICC by a vote of 241 - 166. Here is how the majority leader referred to the International Criminal Court: Mr. DeLAY. Mr. Chairman, I thank the gentleman for yielding me time. Let me see if I have got this straight: The United Nations has created an International Criminal Court, a shady amalgam of every bad idea ever cooked up for world government. The United States, its President, this Congress and the American people has categorically, unequivocally and completely rejected the ICC and its insistence on threatening the American people with prosecution. We reject its laughable legitimacy, we reject its U.N.-American denial of civil rights, and we reject its anti-American politics. And yet the ICC still asserts jurisdiction over the American people, including American soldiers fighting the war on terror and still salivates at the prospect of prosecuting one of us for anything the U.N. does not like. Now, some nations who receive economic support from the United States may use the money we give them to arrest and hand over American citizens to the U.N.'s kangaroo court? I do not think so. President Bush has shown great leadership by removing the United States from the treaty creating the ICC, and Congress has passed legislation, the American Servicemembers Protection Act, to ensure our soldiers and peacekeepers around the world are protected from prosecution in it. Federal law now requires all countries who seek American military assistance sign an agreement assuring us they will not hand over our soldiers to the ICC; and, since its enactment, more than 90 countries have signed such an agreement. (emphasis added)
The result of this amendment would be to cut off all aid to some of these countries: Jordan, at $250 million; Kenya, at $25 million; Lebanon, at $32 million; Ecuador, at $13 million; Cyprus, at $13.5 million. It was pointed out that Jordan would be exempted from the amendment's restriction because of an exemption that existed in Armed Service Members Protection Act and there was a statement that Jordan would be allowed to receive its aid through an agreement when the bill goes to conference . The United States has obtained an exemption from prosecution by the ICC in the past but was unable to muster the necessary votes in the Security Council this time. According to the amendment's sponsor: Unfortunately, 3 weeks ago, lacking the support of the Security Council, the U.S. was forced to drop its request for a third extension of this waiver, meaning that our troops are now subject to ICC jurisdiction. At the end of June, the administration pulled out of two small peacekeeping missions because of this concern.
Conspicuous by its absence, there was no mention of the alleged abuse of prisoners in Iraq or any other allegations that may be considered culpable under international law.
Date: Tuesday, July 20, 2004 - 11:59 AM Printer Friendly  Email to a Friend 
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