American Servicemembers' Protection Act
Encyclopedia
The American Service-Members' Protection Act (ASPA) is a United States federal law introduced by US Senator Jesse Helms
and signed into Law by George W. Bush
as an amendment to the National Defense Authorization Act
and passed in August 2002 by Congress
. The stated purpose of the amendment was "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".
It authorizes the President
to use “all means necessary and appropriate to bring about the release of any US or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court
”. This has led to the nickname The Hague Invasion Act, since such freeing of US citizens by force might only be possible through an invasion of The Hague
, Netherlands
, the seat of several international criminal courts and the seat of the Dutch government.
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 United States 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 United States.
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 which have entered into “Article 98 agreements”, agreeing not to hand over U.S. nationals to the Court. Furthermore, the President may waive this prohibition where he determines that to do so is “important to the national interest of the United States”.
The Dutch government reacted mildly to this legislation which entitled the American president to violate Dutch sovereignty by force without congressional approval. The Dutch MEP Wim van de Camp
suggested in July 2009 as one of the few that if the Netherlands should accept previous inmates of Guantanamo Bay the The Hague Invasion Act should be taken into account in the negotiations.
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
and signed into Law by George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
as an amendment to the National Defense Authorization Act
National Defense Authorization Act
The National Defense Authorization Act is the name of a United States federal law that has been enacted for each of the past 48 fiscal years to specify the budget and expenditures of the United States Department of Defense.-See also:...
and passed in August 2002 by Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
. The stated purpose of the amendment was "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".
It authorizes the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
to use “all means necessary and appropriate to bring about the release of any US or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
”. This has led to the nickname The Hague Invasion Act, since such freeing of US citizens by force might only be possible through an invasion of The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, the seat of several international criminal courts and the seat of the Dutch government.
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
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
of any person from the United States to the Court; it prohibits the transfer of classified
Classified information
Classified information is sensitive information to which access is restricted by law or regulation to particular groups of persons. A formal security clearance is required to handle classified documents or access classified data. The clearance process requires a satisfactory background investigation...
national security information and law enforcement information to the Court; and it prohibits agents of the Court from conducting investigations in the United States.
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
Major non-NATO ally
Major non-NATO ally is a designation given by the United States government to close allies who have strategic working relationships with US armed forces but are not members of the North Atlantic Treaty Organization...
, Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
, and countries which have entered into “Article 98 agreements”, agreeing not to hand over U.S. nationals to the Court. Furthermore, the President may waive this prohibition where he determines that to do so is “important to the national interest of the United States”.
Dutch reaction
Pieter Nouwen wrote a book called De Pias van het Pentagon (English: The Clown of the Pentagon) about the possible consequences for the Netherlands which might happen if the ICC would actually indict Americans and incarcerate them.The Dutch government reacted mildly to this legislation which entitled the American president to violate Dutch sovereignty by force without congressional approval. The Dutch MEP Wim van de Camp
Wim van de Camp
Wilhelmus Gerardus Johannes Maria van de Camp is a Dutch politician of the Christian Democratic Appeal . Since July 14, 2009 he has been a Member of the European Parliament and the Parliamentary leader of the Christian Democratic Appeal in the European Parliament, representing the European...
suggested in July 2009 as one of the few that if the Netherlands should accept previous inmates of Guantanamo Bay the The Hague Invasion Act should be taken into account in the negotiations.
External links
- Text of the American Service-Members' Protection Act: htm. Accessed 3 March 2008.
- HR4775 information at the Library of Congress. Accessed 8 January 2007.
- Transcript of Helms's introduction of the amendment at the Library of Congress. Accessed 8 January 2007.
- Jesse Helms, “Helms Introduces Amendment to Protect Servicemen From International Criminal Court” (Press Release). 26 September 2001. Accessed 8 January 2007.