“[The American Service Members Protection Act] authorizes the U.S. president to use ‘all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.’ This authorization has led the act to be nicknamed the ‘Hague Invasion Act.’”
But it doesn’t apply to all Americans. Technically, it only applies to Americans connected to the military, although I would expect similar efforts to apply for several other important people.
> The Act authorizes the president of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court".
> This authorization led to the act being colloquially nicknamed "The Hague Invasion Act", as the act allows the president to order U.S. military action, such as an invasion of the Netherlands, where The Hague is located, to protect American officials and military personnel from prosecution or rescue them from custody.
User @jaywalk said you live in a fantasy but it is actually an understatement! How come you have never heard of the "American Service-Members' Protection Act", which Bush signed into law SPECIFICALLY for de-facto preventing ICC from ever trying a US citizen for war crimes???
"...In 2002, then-President George W. Bush signed the American Service-Members' Protection Act into law, authorizing the use of military force to free its citizens from incarceration and trial by the International Criminal Court. The act, dubbed the "Hague Invasion Act" for the name of the city in the Netherlands where the ICC holds prisoners, allows the President to use the American military to free its service members or those of any allied country who might be captured for trial there. More menacingly for potential U.S. allies, the act allows the United States to end military assistance for signatory countries to the ICC treaty, unless they agree not to extradite American citizens to The Hague."
That law explicitly authorizes the US military to INVADE the Netherlands and attack the ICC in order to free a US citizen on trial there. Netherlands is a NATO member, just like the US!! Not to mention a party to a number of other non-aggression pacts the US has with most Western European countries. That law Bush pushed for and signed makes the entire NATO idea a freaking joke. No country is safe if it ever dares to arrest US military members, no matter how horrible the war crimes committed by them. As they say in the commercials "but wait, there is more!" There are also multiple secret executive actions and DOJ "legal opinions" accompanying that fascist/evil law and the rumor is those secret amendments authorize covert LETHAL action by US special forces against foreign government officials (or any other foreign individual for that matter) working towards bringing a US citizen to trial at the ICC in Hague.
So, I would be thrilled to know what customs officials you have in mind that would be willing to get assassinated (covertly) for doing ANYTHING that can be construed by the US as aiding/abetting the capture and bringing a US citizen to ICC for a war crime trial. Even if you find such kamikazes, no country would dare issue orders authorizing its own officials to perform such acts against US military personnel.
So, no offense, but what world exactly are you living in!?!?
GP is referring to the "Hague Invasion Act", aka "American Service-Members' Protection Act of 2002" passed under GW Bush to authorize a US invasion of The Hague, to protect American officials and military personnel from prosecution [by the ICC] or rescue them from custody. Originally drafted in response to the Iraq invasion.
Regarding the relationship the US has with the ICC, see the American Service-Members' Protection Act.
> ASPA authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization has led the act to be nicknamed the "Hague Invasion Act".
> 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 U.S. to the Court; it prohibits the transfer of classified national security information and law enforcement information to the court.
> 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 that have entered into "Article 98 agreements", agreeing not to hand over U.S. nationals to the court.
> This authorization led to the act being colloquially nicknamed "The Hague Invasion Act", as the act allows the President to order U.S. military action, such as an invasion of The Hague, where the ICC is located, to protect American officials and military personnel from prosecution or rescue them from custody
"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). The new law authorizes the use of military force to liberate any American or citizen of a U.S.-allied country being held by the court, which is located in The Hague. This provision, dubbed the "Hague invasion clause," has caused a strong reaction from U.S. allies around the world, particularly in the Netherlands.
In addition, the law provides for the withdrawal of U.S. military assistance from countries ratifying the ICC treaty, and restricts U.S. participation in United Nations peacekeeping unless the United States obtains immunity from prosecution."
The new law authorizes the use of military force to
liberate any American or citizen of a U.S.-allied
country being held by the court, which is located in
The Hague. This provision, dubbed the "Hague invasion
clause," has caused a strong reaction from U.S. allies
around the world [...]
> The United States is not a member of the International Criminal Court (ICC). The Act authorizes the president of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization led to the act being colloquially nicknamed "The Hague Invasion Act", as the act allows the president to order U.S. military action, such as an invasion of the Netherlands, where The Hague is located, to protect American officials and military personnel from prosecution or rescue them from custody.
It was introduced in 2002 when the US invaded Afghanistan and Iraq and hasn't been rescinded. So if the US ever committed war crimes in those countries, or any other ones; too bad. The US so totally and completely doesn't recognise the ICC's jurisdiction that it will literally invade the Netherlands in order to not be bound by it in any way, shape or form.
Just to clarify, it is officially called 'American Service-Members' Protection Act' which was supposedly passed as there was a chance George W. Bush could be arrested & tried at ICC for war crimes; media & human rights organizations call it 'Hague invasion act' for what it is.
You are, I believe, referring to the "American Service Members Protection Act" [1], signed into law in 2002 by Bush?
This law, still on the books, theoretically allows the president to order military action against the ICC in Den Haag (The Hague) should they ever try an American Service Member.
> 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 that have entered into "Article 98 agreements", agreeing not to hand over U.S. nationals to the court.
The Hague invasion aspect, and Hague Invasion Act nickname, are perhaps largely symbolic; the less symbolic effects are that it prohibits any part of government in the US from assisting the ICC except in limited circumstances, and bans ICC agents from doing any investigative work in the US.
Reminder that since 2002, on the books is a law authorizing the US to attack the ICC in the Hague, with the US military!
> ASPA authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization has led the act to be nicknamed the "Hague Invasion Act".
> The act prohibits federal, state and local governments and agencies (including courts and law enforcement agencies) from assisting the International Criminal Court (ICC). For example, it prohibits the extradition of any person from the U.S. to the ICC; it also prohibits the transfer of classified national security information and law enforcement information to the ICC.
> The act also prohibits U.S. military aid to countries that are party to the ICC. However, exceptions are allowed for aid to NATO members, major non-NATO allies, Taiwan, and countries that have entered into "Article 98 agreements", agreeing not to hand over U.S. nationals to the ICC.
edit after 7 upvotes, sorry: I just want to make clear that I still largely support Pax Americana, because the alternatives are worse. But this law is cowardice and helps no one in the long term.
The US isn’t party to the ICC. And has a law expressly stating if a US military member or other government employee is held by the ICC, we’re to stop at nothing to retrieve them.
Yes, we have a law that says we’ll invade The Hague should the ICC ever attempt to try an American.
The Hague is in Netherlands and the US has threatened that it will invade if ever a US service member is brought to the international criminal court.[0]
The article mentions the ICC would prosecute heads of state. The American Service Members' Protection Act[0] authorizes the president to us "any and all means" to rescue a government official that is tried by a foreign court. It was specifically written with the ICC in mind.
The United States does not, and never has, recognized the International Criminal Court. To the point that they will not bat an eye and declare war on the Netherlands in case a American soldier will be held in jail in The Hague for questioning and appearing before the Court.
And this actually is nothing new and predates the Trump presidency FOR YEARS (17 to be exact):
The "Hague Invasion Act" like Pizza mentioned below or "American Service-Members' Protection Act" which is its official name was signed into law by W on August 2, 2002 and upheld ever since -- yes, even throughout the Obama era.
Correct. Anyone remember the time the US drafted the "The Netherlands / The Hague invasion plan"? Target of invasion? The International Criminal Court, if America of US soldiers were ever brought before trial for war-crimes. Seems International means non-us. Source: http://en.wikipedia.org/wiki/American_Service-Members%27_Pro...
Just a note, the US doesn't need permission from the Netherlands to invade them, of course. However, as I understand it, usually the US president needs permission from Congress before deciding to invade another country. In this case, Congress has given permission in advance to invade the Netherlands if the ICC tries a US citizen.
I believe that law is slightly more limited - they reserve the right to invade anyone who attempts to prosecute US citizens and particularly US military in international courts. I don't think it extends this type of protection to allies. At least the infamous "Hague Invasion Act" doesn't.
“[The American Service Members Protection Act] authorizes the U.S. president to use ‘all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.’ This authorization has led the act to be nicknamed the ‘Hague Invasion Act.’”
But it doesn’t apply to all Americans. Technically, it only applies to Americans connected to the military, although I would expect similar efforts to apply for several other important people.
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