American Servicemember’s Protection Act

In the American Servicemember’s Protection Act (ASPA) / 22 U.S.C. Chapter 81, Part II), Congress stated that the United States will not recognize the jurisdiction of the ICC over United States nationals.

ASPA includes:

In the American Servicemember’s Protection Act (ASPA) / 22 U.S.C. Chapter 81, Part II), Congress stated that the United States will not recognize the jurisdiction of the ICC over United States nationals.

ASPA includes:

  • Restrictions against members of the U.S. armed forces participating in U.N. peacekeeping operations authorized after the Rome Statute enters into effect, without Presidential certification to certain congressional committees.
  • Restrictions on the provision of U.S. military assistance, effective one year after the date the Rome Statute enters into force, to any government that is party to the ICC, with the exception of NATO members, major non-NATO allies, and Taiwan. Military assistance is defined as assistance provided under relevant provisions of the Foreign Assistance Act of 1961 and defense articles or defense services funded under the Foreign Military Financing Program. (The President is authorized to waive this restriction with respect to a particular country if he determines that such a waiver is important to the national interest of the United States or if a particular country enters into an Article 98 agreement with the U.S.)
  • The ASPA restricts assistance to and cooperation with the ICC.

    (Summary derived from remarks by charge’ d’affairs Mr. Albert G. Nahas).