The Hague Invasion Act

Great Seal of the United States

Effective August 2, 2002
Public law 107-206
Statutes at Large 116 Stat. 820
Legislative history

American Service-Members’ Protection Act

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.

Contents

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.[citation needed]

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.”[citation needed]

See also

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External links

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2 gedachtes over “The Hague Invasion Act

  1. Gepubliceerd op 25 jan. 2014

    From the Democracy Now! description:
    On Friday President George Bush signed into law the American Servicemembers Protection Act of 2002, which will supposedly protect U.S. servicemembers from the International Criminal Court.

    The new law authorizes the use of military force to liberate any American or citizen of a U.S.-allied country being held by the court. This provision, dubbed the “Hague invasion clause,” has caused a strong reaction from U.S. allies around the world, particularly in the Netherlands.

    The law also provides for the withdrawal of U.S. military assistance from countries ratifying the ICC treaty, and restricts U.S. participation in United Nations peacekeeping unless the United States obtains immunity from prosecution. At the same time, these provisions can be waived by the president on “national interest” grounds.

    Original Democracy Now! news broadcast::
    http://www.democracynow.org/2002/8/6/

  2. WRAP Adds UN Comment to US President comments on US ICC veto

    Gepubliceerd op 21 jul. 2015

    POOL
    1. SOUNDBITE: (English) George W Bush, US President
    “The International Criminal Court is troubling to the United States, it’s troubling to the administration and obviously troubling to the United states Senate as well. President Clinton signed this treaty, but when he signed it he said it should not be submitted to the Senate and therefore never has been. And I don’t intend to submit it either because as the United States works to bring peace around the world our diplomats or our soldiers could be drawn into this court. That’s very troubling, it’s very troubling to me and we’ll try to work out the impasse at the United Nations, but one thing we’re not going to do is sign on to the International Criminal Court. (Q Are current laws sufficient to prosecute CEO’s in corporate cases?) I will make a statement at the appropriate time. (Q How should Americans celebrate the 4th July?) They should celebrate heartily because we have freedom and we love freedom. And they should also know that the government is doing everything it can to make the homelands secure. People ought to be joyous in their celebration and celebrate the fact that we’re fortunate enough to be Americans. I’m going to do that in West Virginia.”
    2. Bush leaving

    APTN
    3. Wide of United Nations headquarters, New York
    4. Various of press conference
    5. SOUNDBITE: (English) Sir Jeremy Greenstock, British Ambassador to United Nations & President of Security Council (for July):
    “I think the council is remaining perfectly calm on this issue, it recognises there are differences, there are concerns. There are concerns which, if I may speak from the UK point of view, are legitimate to address on the part of the United States – but the majority of the council members believe there are arrangements under the ICC statute which do indeed deal with those concerns. But there needs to be way forward, because the UN has to operate. The United States has said consistently that it does not wish to do any damage to UN peacekeeping operations and therefore there are going on now – in the corridors here and in and between capitals – discussions to see what the options may be for easing the problem before midnight tomorrow.”
    6. Wide exterior UN headquarters

    STORYLINE:

    U-S President George W Bush says his administration will work with America’s allies to end a stalemate over the International Criminal Court (ICC) which is jeopardising the peacekeeping mission in Bosnia. But he insists the U-S won’t ratify the I-C-C treaty.

    The United States faces criticism from across the globe for threatening to end United Nations peacekeeping missions in Bosnia and elsewhere unless U-S peacekeepers are exempt from prosecution by the International Criminal Court.

    More than 100 countries celebrated the inauguration of the I-C-C on Monday as a milestone for global justice and vowed not to let U-S opposition sabotage the tribunal’s mission to deter and prosecute war criminals.

    The U-S government claims the court would put American soldiers and civilians at risk of prosecution under laws that are outside America’s control, and that the court has the potential to violate U-S sovereignty.

    Bush, speaking to reporters in Milwaukee on Tuesday, also addressed concerns about possible terrorist attacks over the July 4 holiday.

    The U-S president said people should continue with plans to celebrate American independence day and that the government was working to protect national security.

    Reacting to the impasse Sir Jeremy Greenstock, British Ambassador to United Nations said a way should be found to resolve to issue so the U-N can work adequetely.

    You can license this story through AP Archive: http://www.aparchive.com/metadata/you
    Find out more about AP Archive: http://www.aparchive.com/HowWeWork

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