PROTECTION of UNITED STATES TROOPS FROM FOREIGN PROSECUTION ACT of 1999
PROTECTION of UNITED STATES TROOPS FROM FOREIGN PROSECUTION ACT of 1999
(Introduced in the House)

HR 2381 IH

106th CONGRESS
1st Session
H. R. 2381

To prohibit United States economic assistance for countries that ratify the treaty known as the Rome Statute of the International Criminal Court, a treaty that provides for the establishment of an International Criminal Court, an illegal and illegitimate institution that violates the principles of self-government and popular sovereignty, as well as accepted norms of international law, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES
June 29, 1999

Mr. NEY introduced the following bill; which was referred to the Committee on International Relations

A BILL

To prohibit United States economic assistance for countries that ratify the treaty known as the Rome Statute of the International Criminal Court, a treaty that provides for the establishment of an International Criminal Court, an illegal and illegitimate institution that violates the principles of self-government and popular sovereignty, as well as accepted norms of international law, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Protection of United States Troops From Foreign Prosecution Act of 1999'.

SECTION 2. FINDINGS.

The Congress finds the following:

(1)

(A) A treaty is a contract between sovereign nations and, like a private contract, cannot force a nation to be subject to its terms if that nation has not agreed to be bound by its terms.

(B) The treaty known as the Rome Statute of the International Criminal Court, adopted in Rome, Italy on July 17, 1998, by the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (hereinafter referred to as the `ICC Treaty'), by claiming the unprecedented power any nation--even the citizens of nations that are not party to the treaty--based upon events taking place in the territory of a nation party to the treaty, is entirely unsupported in international law.

(2)

(A) Under the terms of the ICC Treaty, an institution, to be called the InternationalCriminal Court (hereinafter referred to as the `Court'), is to be established upon the ratification of the ICC Treaty by 60 nations.

(B) The creation of this permanent, supranational Court, with the independent power to judge and punish elected officials of sovereign nations for their official actions, represents a decisive break with fundamental United States ideals of self-government and popular sovereignty.

(C) The creation of the Court would constitute the transfer of the ultimate authority to judge the acts of United States officials away from the people of the United States to an unelected and unaccountable international bureaucracy.

(3)

(A) In its design and operation, the Court is fundamentally inconsistent with core United States political and legal values.

(B) For example, a defendant would face a judicial process almost entirely foreign to the traditions and standards of the United States and be denied the right to a trial by a jury of one's peers, reasonable bail, a speedy trial, and the ability to confront witnesses to challenge the evidence against the defendant.

(4)

(A) A prosecutor under the ICC Treaty would be able to appeal a verdict of aquittal, effectively placing the accused in 'double jeopardy'.

(B) Such appeals are forbidden in the law of the United States and have been inconsistent with the Anglo-American legal tradition since the 17th century.

(5)

Because the guarantees of the Bill of Rights in the United States Constitution would not be available to those individuals prosecuted by the Court, the United States could not participate in, or facilitate, any such court.

(6)

(A) If the United States were to join the ICC Treaty, United States citizens could face removal to jurisdictions outside the United States for prosecution and judgment, without the benefit of a trial by jury, in a tribunal that would not guarantee many other rights granted by the United States Constitution and laws of the United States, and where the judges may well cherish animosities, or prejudices against them.

(B) These are among the very offenses of the King and Parliament listed in the Declaration of Independence that required separation from England, revolution, and war.

(7)

The Court would be able to prosecute any individual United States citizen, including the President, military and civilian officers and officials, enlisted personnel, and even ordinary citizens who were involved in any action the Court determined to be within its jurisdiction.

SECTION 3. PROHIBITION ON IMPLEMENTATION OF ICC TREATY.

Notwithstanding any other provision of law, no Federal department or agency shall--

(1)

take any action that has the effect of observing or implementing the provisions of the ICC Treaty; or

(2)

(A) provide funding or other support for the International Criminal Court; or

(B) transfer any person to the custody of the International Criminal Court.

SECTION 4. PROHIBITION ON FOREIGN ECONOMIC ASSISTANCE FOR COUNTRIES THAT RATIFY ICC TREATY.

(a) SENSE OF THE CONGRESS- It is the sense of the Congress that the President should inform both allies and adversaries of the United States that ratification of the ICC Treaty, in view of jurisdictional claims provisions in the Treaty that violate international law, will be considered an unfriendly act directed at the United States, and that ratification by any foreign country will adversely affect bilateral relations between the United States and that country.

(b) PROHIBITION ON ECONOMIC ASSISTANCE- Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351) is amended--

(1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and

(2) by adding at the end the following:

'SEC. 620K. PROHIBITION ON ECONOMIC ASSISTANCE FOR COUNTRIES THAT RATIFY ICC TREATY.
'(a) PROHIBITION- Notwithstanding any other provision of law, United States economic assistance may not be provided, directly or indirectly, to a foreign country that ratifies the ICC Treaty.

'(b) DEFINITIONS- In this section:

'(1) ICC TREATY- The term 'ICC Treaty' means the Treaty known as the Rome Statute of the International Criminal Court adopted in Rome, Italy on July 17, 1998, by the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court.

'(2) UNITED STATES ECONOMIC ASSISTANCE- The term 'United States economic assistance' means any assistance under part I of this Act and any assistance under chapter 4 of part II of this Act, except that such term does not include humanitarian assistance.'.

SECTION 5. SENSE OF THE CONGRESS RELATING TO REFERRAL BY UNITED NATIONS TO ICC.

It is the sense of Congress that the President should instruct the United States representative to the United Nations to veto any attempt by the United Nations Security Council to refer a matter to the International Criminal Court for investigation.

SECTION 6. DEFINITIONS.

As used in this Act:

(1) ICC TREATY- The term 'ICC Treaty' means the Treaty known as the Rome Statute of the International Criminal Court adopted in Rome, Italy on July 17, 1998, by the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court.

(2) INTERNATIONAL CRIMINAL COURT- The term 'International Criminal Court' means the institution, known as the International Criminal Court, established upon the ratification of the ICC Treaty by 60 nations.

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