American Servicemembers Protection Act of 2002: An Overview
Background
The American Servicemembers Protection Act (ASPA) of 2002 was enacted on August 2, 2002, as an amendment to the Foreign Assistance Act of 1961. The law's primary purpose is to protect US military personnel from prosecution by the International Criminal Court (ICC).
Key Provisions
Some key provisions of the ASPA include:
Prohibits US citizens from being surrendered to the ICC for prosecution without the consent of the United States.
Allows the United States to terminate military assistance to countries that cooperate with the ICC in prosecuting US citizens.
Requires the President to report annually to Congress on the activities of the ICC and its compliance with the ASPA.
Significance
The ASPA has a significant impact on the relationship between the United States and the ICC. The law effectively prevents US military personnel from being subjected to ICC jurisdiction, which has been a major concern for the United States. It also sends a strong message that the United States will not tolerate any attempts by the ICC to prosecute its citizens.
Criticisms
The ASPA has faced criticism from some quarters, who argue that it undermines the ICC's ability to prosecute war crimes and crimes against humanity. They also argue that the law is discriminatory and creates a double standard, as it only protects US citizens from ICC jurisdiction.
Conclusion
The American Servicemembers Protection Act of 2002 is a significant law that has had a major impact on the relationship between the United States and the ICC. Its key provisions protect US military personnel from ICC prosecution and send a strong message that the United States will not tolerate any attempts by the ICC to prosecute its citizens. While the law has faced some criticism, it remains a vital tool for protecting US servicemen and women from potential prosecution by the ICC.
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