The "Hague Invasion Act": US and the ICC - ASPA

Below is a compilation of documents on US legislation which restricts foreign assistance to countries that do not sign bilateral ICC non-surrender agreements with the US.

The first legislation adopted by the US Congress, in August 2002, is known as the American Servicemembers' Protection Act (ASPA). This legislation, known as the "Hague Invasion Act" contains provisions restricting US cooperation with the ICC; making US support of peacekeeping missions largely contingent on achieving impunity for all US personnel; and even granting the President permission to use “any means necessary” to free US citizens and allies from ICC custody in The Hague. The legislation, however, contains waivers that make all of these provisions non-binding, yet the Bush administration has not utilized these waivers and continues to pressure countries around the world to conclude bilateral immunity agreements – or otherwise lose essential US military assistance.

In December 2004, Congress subsequently adopted the Nethercutt Amendment, as part of the US Foreign Appropriations Bill. This legislation is far more wide-reaching than ASPA and authorizes the loss of Economic Support Funds to all countries, including many key US allies, which have ratified the ICC treaty but have not signed a bilateral immunity agreement with the US. While the President has the authority to waive the provisions of the Amendment, it poses the threat of broad cuts in foreign assistance, including funds for cooperation in international security and terrorism, economic and democratic development, human rights, and promoting peace processes.

CICC | Documents: US and the ICC - ASPA


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