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Topic: The Hague Invasion Act


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In the News (Wed 23 Dec 09)

  
  American Servicemembers' Protection Act - Wikipedia, the free encyclopedia
The American Servicemembers' Protection Act (ASPA) is a United States federal law introduced by United States Senator Jesse Helms as an amendment to the Defense Authorization Act and passed in August 2002 by the Congress.
The amendment is intended to weaken the position of the International Criminal Court in The Hague as it allows the U.S. government to save U.S. citizens from extradition to the ICC, and also authorizes "any necessary action", as Helms put it, "to free U.S. soldiers improperly handed over to that Court".
This led opponents of the act to dub it The Hague Invasion Act.
en.wikipedia.org /wiki/The_Hague_Invasion_Act   (271 words)

  
 International Criminal Court - Wikipedia, the free encyclopedia
The official seat of the ICC is in The Hague (Netherlands); but the Rome Statute permits the court to engage in proceedings anywhere.
Under customary international law a state that has signed but not ratified a treaty is obliged to refrain from acts which would defeat the object and purpose of the treaty.
A resolution to exempt citizens of the U.S. from jurisdiction of the court was renewed in 2003 by Resolution 1487, but after the abuse of prisoners in Abu Ghraib, Iraq it became clear that there was no majority for it, the U.S. withdrew its second proposed renewal of the resolution.
en.wikipedia.org /wiki/International_Criminal_Court   (3311 words)

  
 Human Rights Watch
U.S. President George Bush today signed into law the American Servicemembers Protection Act of 2002, which is intended to intimidate countries that ratify the treaty for the International Criminal Court (ICC).
This provision, dubbed the "Hague invasion clause," has caused a strong reaction from U.S. allies around the world, particularly in the Netherlands.
Human Rights Watch believes the International Criminal Court has the potential to be the most important human rights institution created in 50 years, and urged regional groups of states, such as the European Union, to condemn the new law and resist Washington's attempts to obtain bilateral exemption arrangements.
www.commondreams.org /news2002/0803-01.htm   (598 words)

  
 International Beach Operation: The Hague
In answer to the so-called 'The Hague Invasion Act', Dutch citizens have organized a civil defense militia.
Their objective is not to fight a US Invasion Force, but to raise awareness about the way the US are trying to undermine the ICC.
As most press agencies have correspondents in The Hague, NGOs may decide to turn the construction of their national bulwark into a media event that will generate publicity for their local ICC campaign - for instance by inviting a local celebrity to raise the flag above their nation's bulwark.
www.converge.org.nz /pma/cra0971.htm   (710 words)

  
 The US and the Netherlands: Allies for Life? | BaltimoreChronicle.com
The Hague Invasion Act is simple: if the International Criminal Court ever holds an American prisoner in The Hague, the US has the ‘legal’ option to attack the Netherlands and invade The Hague, in order to free this prisoner.
In August 2002 Congress passed the “American Servicemembers Protection Act." Many people however, soon called this act the “The Hague Invasion Act." The Hague is an important city in the western region of the Netherlands and is often associated with peace.
The Hague Invasion Act is simple; for example, if the ICC ever holds an American prisoner in The Hague, the US has the ‘legal’ option to attack the Netherlands and invade The Hague, in order to free this prisoner.
baltimorechronicle.com /2006/051506Rumpt.shtml   (1289 words)

  
 Guardian Unlimited | Archive Search
The American Service-members' Protection Act, otherwise known as "The Hague Invasion Act".
The long and short of it is that America will use military force against the Netherlands to free any of its nationals held by the international criminal court (ICC) at the Hague.
It was Helms who put in an amendment to the Defence Department Appropriations Act of 2002, sanctioning the bombing of Holland.
www.guardian.co.uk /Archive/Article/0,4273,4456801,00.html   (615 words)

  
 [No title]   (Site not responding. Last check: 2007-11-01)
The act establishes a legal basis for the United Kingdom to offer support and cooperation to the ICC in all the ways provided for in the Statute not already possible under domestic law.
On December 20, 2001 the House and the Senate dropped the act, otherwise called a Hague Invasion Act.
It is important to remember, however, that, according to the Statute, the court acts as a complementary unit to national judicial systems, i.e.
www.soros.org /idebate/resources/ICC_comparison.doc   (1128 words)

  
 HRW: ICC: HRW documents on the ICC
Passed on December 7, 2001 by a 78-21 vote, the Helms' ASPA amended the Defense Department Appropriations Act of 2002.
It is because of this provision that it has been dubbed "The Hague Invasion Act".
This past December, a House and Senate joint conference committee convened to reconcile the two Defense Appropriations Acts and decided to reject the Senate (Helms) version in favor of the House (Hyde) version.
www.hrw.org /campaigns/icc/docs/aspa0202.htm   (416 words)

  
 Dutch 'Special Forces' Kill and Destroy for the US - CMAQ
As such the Quislings in the Hague have put the whole country at the disposal of the american neocons, with the Israelis and their Mossad secret service running a contraband 'State within a State' at the main Schiphol airport.
The 'Hague Invasion Act' was designed to undermine the 1998 treaty creating the International Criminal Court now seated in The Hague.
This totalitarian US 'Hague Invasion Act' would also prevent any US governmentagency from cooperating with the court and would block military aid; to any non-Nato state which ratifies the ICC treaty, which has been signed by more than 150 governments in the United Nations.
www.cmaq.net /fr/node.php?id=20341   (1301 words)

  
 Middle East Report 229: From Nuremberg to Guantánamo: International Law and American Power Politics. by Lisa ...
The laws criminalizing these practices encode normative principles that reflect a fairly high level of international consensus, and their jurisdiction is international, which means not only that these practices are illegal everywhere, but also that everyone—not just victims—has an interest in their enforcement.
The Bush administration, however, immediately nationalized the international character and consequences of September 11, classifying the attacks as an "act of war" against America and shunning a law enforcement model as the mechanism of punishment.
Because the September 11 attacks were perpetrated on American soil and killed thousands of civilians, at the outset there was broad international support for the US decision to respond with military force in Afghanistan.That country was the functional base of al-Qaeda, and the Taliban regime was unwilling to turn over suspected perpetrators of the attacks.
www.merip.org /mer/mer229/229_hajjar.html   (5204 words)

  
 WOA--Outlook for American Policy   (Site not responding. Last check: 2007-11-01)
This Act instructs the US president to use it veto in the Security Council to prevent referrals to the ICC, authorizes the military to secure the release of any Americans held for prosecution, and authorizes the withholding of military aid to countries that have ratified the Statute.
The Court should be ready to begin hearing cases in The Hague by the end of this year….
In addition, the ICC will only act when the relevant country or countries are unwilling or unable to do so.
www.woaafrica.org /legacy8.htm   (956 words)

  
 Citizens for Global Solutions   (Site not responding. Last check: 2007-11-01)
While the Clinton administration signed the Rome Statute and was generally positive about ratification, the Bush administration has not only “unsigned” it—a legally ambiguous act—but has also supported legislation such as the American Servicemembers’ Protection Act (ASPA), which is dubbed the “Hague Invasion Act” by our less-than-amused European allies.
Indeed, several British soldiers were recently charged with war crimes committed in Iraq under the UK ICC Act and are facing court-martial in Britain, not a judge in the ICC.
Originally passed in the FY05 Foreign Operations Appropriations Act as an amendment, it is now a provision in the draft FY06 bill, but is not yet law.
www.globalsolutions.org /programs/law_justice/news/Kenya_BIA.html   (968 words)

  
 Citizens for Global Solutions   (Site not responding. Last check: 2007-11-01)
The American Servicemembers' Protection Act (ASPA), originally signed into law in August 2002, prohibits the United States from providing military aid to countries that have ratified the Rome Statute of the International Criminal Court (ICC).
Contained in the measure was a version of the American Servicemembers' Protection Act (ASPA), heavily modified from the first version introduced more than two years earlier.
Moreover, the Congressional conference committee made a deliberate decision not to modify the amendment added in the Senate version that prohibits any portion of the bill from interfering with U.S. efforts to bring to justice foreign nationals accused of atrocious crimes.
www.globalsolutions.org /programs/law_justice/icc/aspa/aspa_home.html   (153 words)

  
 VOA News Report
But as Lauren Comiteau reports from The Hague, the new court is not without its critics.
For now, those cases will be brought to a modern 16-story building called The Hague Arch, a former home to the troubled Dutch telecom giant K-P-N. The building will house the court until its permanent home is ready on what is still a Dutch military base.
The American Servicemembers' Protection Act restricts U-S cooperation with the new world criminal court, bans military aid to some countries that support it, and authorizes President Bush to use all means necessary, including military, to free U-S citizens and those of its allies who might be held by the court.
www.globalsecurity.org /military/library/news/2002/07/mil-020701-211e9e87.htm   (1247 words)

  
 Political Affairs Magazine - Book Review: Lawless World
Indeed, with utter chutzpah, Washington "passed the American Servicemembers’ Protection Act", which is "intended to intimidate countries which exercise their sovereign right to ratify the Rome Statute", which brought the ICC into being.
That is, the act authorizes the President to "use all means necessary and appropriate" to free any U.S. national who is "being detained or imprisoned by, on behalf of, or at the request of" the ICC.
This is why the act is referred to — not jokingly — as the "Hague Invasion Act".
www.politicalaffairs.net /article/articleview/2679/1/148   (1158 words)

  
 Crimes and conflicts
The 18 judges of the court, and the prosecutor, are expected to be elected next January after the Assembly of State Parties decides in September this year the rules of procedure to select the judges and officers of the court, and determines issues relating to its budget.
Moreover, in international law, when a country signs a treaty, even where there is no ratification, there is an obligation not to act contrary to the letter and spirit of the treaty.
Meanwhile, the U.S. Congress currently has before it the American Servicemembers' Protection Act (ASPA), a law which would authorise the use of military force if U.S. citizens are held in the ICC in The Hague.
www.hinduonnet.com /fline/fl1915/19150610.htm   (1619 words)

  
 International Courts   (Site not responding. Last check: 2007-11-01)
This is known as "the Hague Invasion Act" because it authorises the President to use military force to rescue US personnel held on behalf of the ICC).
Obviously, the provisions of the "Hague Invasion Act" authorising the President of the United States to violate the sovereignty of the Kingdom of the Netherlands caused consternation among the European members of NATO who are all by treaty committed to the defence of the Netherlands from foreign invasion.
It is worth noting in passing that the provisions of the "Hague Invasion Act" prohibiting co-operation not only apply to US nationals but to US resident aliens - so it was apparently the intention of the US Congress to make the United States a "safe haven" for war criminals.
www.eurolegal.org /yurp/euintcourts.htm   (9674 words)

  
 Human Rights Internet - The Human Rights Databank
But conservative lawmakers are threatening to hold up the money unless it is approved together with the American Service Members' Protection Act, which is aimed at exempting Americans from the International Criminal Court, a permanent tribunal being established in the Hague to prosecute war crimes, genocide and crimes against humanity.
Moreover, the Vienna Convention on the Law of Treaties says a country that has signed but not ratified a treaty "is obliged to refrain from acts which would defeat the object and purpose of" that accord.
Michael Glennon, an international law expert at the University of California at Davis, noted that the American Service Members' Protection Act "bars any federal, state or local governmental entity from cooperating in any way with the court." That would prevent cooperation even if the ICC were to indict the likes of Iraqi leader Saddam Hussein.
www.hri.ca /doccentre/docs/USnICC.shtml   (1173 words)

  
 United States Lawmakers Set to Strike Out at Global Tribunal
The American Servicemembers' Protection Act (Aspa) forbids any U.S. cooperation with the court, including the provision of intelligence information needed to prosecute war criminals.
It also authorizes the use of military force to gain the release of any U.S. or allied personnel detained or imprisoned by the court, leading some of its critics to call it "The Hague Invasion Act," after the city where the court is to be based.
An initiative backed by a coalition of human rights groups, developing countries, and some of Washington's closest European allies, the court is likely to open for business next year, after 60 countries ratify an underlying treaty, the 1998 Rome Statute.
www.converge.org.nz /pma/rob00391.htm   (642 words)

  
 Crimes of War > September 11
The ASPA has been characterized by some as "The Hague Invasion Act" because it authorizes the United States to use "all means necessary and appropriate" force to liberate any U.S. or allied persons detained on behalf of the proposed ICC, which will be based in The Hague, The Netherlands.
The House passed its version of the ASPA in May as an amendment to the Department of State Authorization Act.
If this is not possible, the House version should be adopted as the lesser of two evils because it is not as broad in scope as the ASPA and because, unlike the Senate ASPA, it will not be a permanent law.
www.crimesofwar.org /expert/icc-urge.html   (798 words)

  
 Bush's snub of criminal court undermines world justice
The new court enjoys the support of nations worldwide, including all of the European democracies and a majority of the countries the United States considers its closest allies.
It will be located in The Hague, a city with a long tradition of hosting international treaties and institutions.
This legislation was characterized in Europe as "The Hague Invasion Act," because it authorized the United States to use force to bring about the release from captivity of any U.S. service member detained or imprisoned by the ICC in the Netherlands.
www.finalcall.com /perspectives/bush_intl_ct05-21-2002.htm   (937 words)

  
 Flashback
Simply stated it is this: Every act taken by Israel is orchestrated by God, and should be condoned, supported, and even praised by the rest of us.
It is the Christian support of Zionism that enables the militant Israelis to take over Palestinian homes surrounding the Al-Aqsa mosque in pursuit of their well-documented plan to destroy Jerusalem's most holy Islamic site, sacred to a billion Muslims around the world—one-fifth of humanity.
Remarkably,it was this Christian cult of Israel that brought us the Iran contra scandal, perhaps the most self-destructive act in the history of the United States.
www.leadaship.com /flashback   (4050 words)

  
 Adbusters : The Magazine - #63 The Big Ideas of 2006 / Bush is Terrorist Number 3
In it, a British foreign policy aide wrote that “intelligence and facts were being fixed” by the US administration to justify the invasion of Iraq.
In the only poll on the matter to date, 42 percent of US voters felt that Bush should be impeached if it’s found that he lied about his reasons for going to war with Iraq.
Congress is so spooked by the ICC that it passed a bill — dubbed The Hague Invasion Act — that authorizes “all means necessary” to secure the release of an American held by the court; picture US special forces helicopters swooping down on the Dutch city in a daring rescue mission.
adbusters.org /the_magazine/content/view/141   (684 words)

  
 Updates - Chapter 9
The prosecutor had received 499 communications notifying him of incidents, some of which were inadmissible due to the court’s temporal jurisdiction (i.e., only for acts after July 1, 2002), subject matter jurisdiction, or admissibility requirements.
However, in December 2003, the President of Uganda asked the ICC to investigate the activities of the Lord’s Resistance Army, a separatist group in Uganda known for committing horrendous abuses, particularly against children.
The last section caused pro-ICC NGOs to dub the law the "Hague Invasion Act." The text may be found here.
teaching.law.cornell.edu /faculty/drwcasebook/updates9.htm   (5416 words)

  
 CNN.com - War tribunal starts without U.S. - Mar. 11, 2003
The U.S. ambassador to the Netherlands, Clifford Sobel, declined an invitation to join Annan and the hundreds of guests -- including presidents, heads of government and foreign ministers -- for Tuesday's celebration.
"We won't be attending the inaugural ceremony because we're not a party to the ICC, and that's basically it," a spokeswoman for the U.S. Embassy in The Hague told Reuters.
The new law is jokingly referred to as the "Invasion of The Hague Act."
www.cnn.com /2003/WORLD/europe/03/11/world.court   (849 words)

  
 Adam Hodges
It is about stopping Bush's future wars, reversing the dangerous practice of pre-emptive war advocated by the White House as official foreign policy, and bringing the US back into the fold of international law.
Instead, the US has conveniently eliminated itself from the ICC's jurisdiction, and just in time for its invasion of Iraq's sovereignty in an illegal war of aggression that violates the very tenants of the UN Charter, namely Article 51, which authorizes the use of military force for purposes of self-defense only.
The US invasion of Iraq is a clear contradiction of international and domestic law.
www.adamhodges.com /COLUMNS/OP-EDmovement.htm   (877 words)

  
 Commentaries: Center for International Human Rights: Northwestern Law   (Site not responding. Last check: 2007-11-01)
If only that could explain the latest joke to emerge from Congress: the so-called American Servicemembers' Protection Act or, as some now call it, The Hague Invasion Act.
The Hague Invasion Act is not the only part of the bill that evokes objection.
If The Hague Invasion Act becomes law, we could hardly blame the Chinese -- or anyone else -- for reporting that the Capitol dome has lost its shine.
www.law.northwestern.edu /depts/clinic/ihr/display_details.cfm?ID=332&document_type=commentary   (687 words)

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