The American Service Members Protection Act of 2002 authorizes the use of military force to liberate any American or citizen of a U.S.-allied country being held by the International Criminal Court, which is located in The Hague. This provision, dubbed the "The Invasion of The Hague Act". This legislation entitles the American president to attempt to violate Dutch sovereignty by force without Congressional approval.
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. The President may waive this prohibition if he determines that to do so is “important to the national interest of the United States”.
Of course, it was an over-reaction to placate American nationalist fervour in regards the Afghanistan and Iraq conflicts. Mark Ellis, head of the International Bar Association in London explains "Under the ICC statutes, if soldiers' [are charged with] war crimes, all the US has to say is that it is undertaking a good faith effort to investigate. That automatically sets aside ICC jurisdiction." No US soldiers have been indicted by the ICC in cases such as Abu Ghraib because the US military has been willing to investigate.
If Canada detains Donald Rumsfield regarding his role in crimes against peace with an eye toward handing him over to the ICC, the President is already authorized to march on Ottawa. If Belgium detains Benjamin Netanyahu in Brussels at the request of the ICC who wants to question him, the President is authorized to use "all means necessary and appropriate" to free him.
It is American law and the American president is the sheriff and what he says goes.
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. The President may waive this prohibition if he determines that to do so is “important to the national interest of the United States”.
Of course, it was an over-reaction to placate American nationalist fervour in regards the Afghanistan and Iraq conflicts. Mark Ellis, head of the International Bar Association in London explains "Under the ICC statutes, if soldiers' [are charged with] war crimes, all the US has to say is that it is undertaking a good faith effort to investigate. That automatically sets aside ICC jurisdiction." No US soldiers have been indicted by the ICC in cases such as Abu Ghraib because the US military has been willing to investigate.
If Canada detains Donald Rumsfield regarding his role in crimes against peace with an eye toward handing him over to the ICC, the President is already authorized to march on Ottawa. If Belgium detains Benjamin Netanyahu in Brussels at the request of the ICC who wants to question him, the President is authorized to use "all means necessary and appropriate" to free him.
It is American law and the American president is the sheriff and what he says goes.
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