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From: NY Transfer News Sent: Wednesday, December 12, 2001 11:42 AM Subject:Senate Passes Bill Opposing US Participation in the ICC Via NY Transfer News * All the News That Doesn't Fit [The Senate has now voted to make the USA's status as an international outlaw official by opposing the treaty creating the International Criminal Court. For once at least, they can't be accused of hypocrisy.] source - Bill Koehnlein <[EMAIL PROTECTED]> Nizkor Int. Human Rights Team Derechos Human Rights Serpaj Europe Information Nizkor English Service iUS SENATE PASSES AMERICAN SERVICEMEMBERS' PROTECTION ACT BY 78-21.
(New York, December 11, 2001) - The United States Senate overwhelmingly supported the addition of Senator
Jesse Helms'
proposed American Servicemembers' Protection Act
(ASPA) as
an amendment to the Defense Appropriations Act last
Friday,
December 7, providing the legal framework
to support U.S.
opposition to the future International Criminal
Court (ICC).
Upon entering into force, the ICC will become the first international judicial institution capable of
trying individuals for
genocide, war crimes and crimes against humanity,
and currently
has support from all major U.S. allies as well as countries from
every region of the world.
"We currently have 47 of the 60 ratifications necessary for the Rome Statute, the treaty establishing the Court, to enter into force, and several more countries have only to deposit their
ratifications at the
United Nations," said William Pace, Convenor of the
more than
1000-member Coalition for the ICC. "It is now very clear that the
treaty will enter into force in
2002."
Key provisions of the ASPA include the prohibition of U.S. cooperation with the future ICC and authorization of the
President to use "all means
necessary and appropriate" to release U.S. or Allied personnel from detention by the Court, which will be headquartered in the Hague, Netherlands. The latter provision has led European media to refer to the ASPA as the "Hague Invasion Act." European leaders have clearly expressed their strong disapproval of previous
efforts to pass this
legislation and it is expected that they will do so
again.
"It's ironic that the U.S. Senate today stands poised to undermine a Court that could deal with future terrorist acts,
such as those of
September 11th," said Heather Hamilton, Coordinator
of the Washington
Working Group on the ICC. "Moreover, it's shocking
that the Senate has
authorized the use of force against the very allies
who have joined the
U.S. in the international campaign against
terrorism."
There is still an opportunity for the amendment to be removed when the House and Senate meet in conference committee
to reconcile the
different versions of the Defense Appropriations
Act they have passed.
If the amendment is not removed, the Senate version
of the bill passed
Friday would still provide the President with
the power to waive all
provisions of the ASPA.
About the Coalition for the International Criminal Court The Coalition for the International Criminal Court (CICC) is a network of over 1,000 civil society organizations that support the creation of a permanent, fair and independent International Criminal Court. Established in 1995, the CICC is the leading source of information regarding the
ICC and the regional
organizations that support its formation. [Source: Coalition for the International Criminal Court (CICC) - http://www.ICCnow.org - For further information: Adele Waugman, Media Liaison and Development Associate CICC. Mailto:
[EMAIL PROTECTED]]
-------------------------------------------------------- ii) SENATE ROLL CALL ON FRIDAY'S VOTE ON ASPA. The 78-21 roll call by which the Senate voted Friday to bar U.S. participation in a new international criminal court. On this vote, a "yes" vote was to bar American participation in the court and a "no" vote was to kill the proposal. Voting "yes" were 32 Democrats and 46 Republicans. Voting "no" were 18 Democrats and 3 Republicans. Democrats Yes Baucus, Mont.; Bayh, Ind.; Breaux, La.; Carnahan, Mo.; Carper, Del.; Cleland, Ga.; Clinton, N.Y.; Conrad, N.D.; Corzine, N.J.; Dorgan, N.D.; Durbin, Ill.; Edwards, N.C.; Feinstein, Calif.; Graham, Fla.; Harkin, Iowa; Hollings, S.C.; Johnson, S.D.; Kerry, Mass.; Kohl, Wis.; Landrieu, La.; Lieberman, Conn.; Lincoln, Ark.; Mikulski, Md.; Miller, Ga.; Nelson, Fla.; Nelson, Neb.; Reid, Nev.; Rockefeller, W.Va.; Schumer, N.Y.; Stabenow, Mich.; Torricelli, N.J.; Wyden, Ore. Democrats No Akaka, Hawaii; Biden, Del.; Bingaman, N.M.; Boxer, Calif.; Byrd, W.Va.; Cantwell, Wash.; Daschle, S.D.; Dayton, Minn.; Dodd, Conn.; Feingold, Wis.; Inouye, Hawaii; Kennedy, Mass.; Leahy, Vt.; Levin, Mich.; Murray, Wash.; Reed, R.I.; Sarbanes, Md.; Wellstone, Minn. Republicans Yes Allard, Colo.; Allen, Va.; Bennett, Utah; Bond, Mo.; Brownback, Kan.; Bunning, Ky.; Burns, Mont.; Campbell, Colo.; Cochran, Miss.; Collins, Maine; Craig, Idaho; Crapo, Idaho; DeWine, Ohio; Domenici, N.M.; Ensign, Nev.; Enzi, Wyo.; Fitzgerald, Ill.; Frist, Tenn.; Gramm, Texas; Grassley, Iowa; Gregg, N.H.; Hagel, Neb.; Hatch, Utah; Helms, N.C.; Hutchinson, Ark.; Hutchison, Texas; Inhofe, Okla.; Kyl, Ariz.; Lott, Miss.; Lugar, Ind.; McCain, Ariz.; McConnell, Ky.; Murkowski, Alaska; Nickles, Okla.; Roberts, Kan.; Santorum, Pa.; Sessions, Ala.; Shelby, Ala.; Smith, N.H.; Smith, Ore.; Snowe, Maine; Stevens, Alaska; Thomas, Wyo.; Thompson, Tenn.; Thurmond, S.C.; Warner, Va. Republicans No Chafee, R.I.; Specter, Pa.; Voinovich, Ohio. Others Not Voting Jeffords, Vt. [Source: The Associated Press -07Dec01. By way of the CICC.] ---------------------------------------------------------- iii) WITHOUT REAL JUSTICE THERE WILL BE NO REAL PEACE. The Bush Administration's use of military tribunals may have advantages in ensuring verdicts for accused terrorists, but this tactic is no way to shrink the ranks of future terrorist groups. Without real justice there will be no real peace. Now a few Congressional fanatics are trying to exclude any US participation in an International Criminal Court (ICC) that will almost certainly come into existence early next year. Its purpose will be prosecuting those accused of mass murder. Leaders from over 140 nations have signed the Rome Statue and 46 nations have so far ratified it, including France and the United Kingdom and other NATO allies. If Helms/Delay/Hyde and company succeed with their "American Servicemembers' Protection Act" (ASPA) it will only
put more
Americans and more
US service members into grave danger by
prohibiting future US efforts in any international
anti-terrorism efforts.
The ASPA would, in fact, bar U.S.cooperation with
the ICC, prohibit
military assistance to other countries that ratify
the ICC Statute, restrict
U.S. participation in peacekeeping, and
conceivably authorize the use
of force against the Netherlands to free
individuals held before the ICC.
Passage of this ill-conceived, isolationist
amendment is a slap in the
face to our closest allies and is no way to sustain
an international coalition
against mass murderers. US insistence that
Americans be treated differently
than other people in the will only inspire
more terrorism against us.
Shirley L. Davis Orono [Source: Bangor Daily News (Bangor, Maine) - Section: A; Pg. 14 - December 7, 2001. By way of the CICC] ------------------------------------------------------------- iv) SENATE VOTES AGAINST INTERNATIONAL CRIMINAL COURT. The Senate voted overwhelmingly Friday to block U.S. participation in a new international criminal court that opponents fear could stage politically motivated trials of American troops and government officials. The 78-21 vote added the language, introduced by Sen. Jesse Helms, R-N.C., to this year's defense spending bill. The Helms provision's ultimate fate is unclear. The House version of the defense spending bill contains no such provision, but in May, the House voted 282-137 to include similar language in a separate bill authorizing State Department programs. Before the vote on Helms' proposal, the Senate voted 51-48 to reject a weaker alternative by Sen. Christopher Dodd, D-Conn. That proposal would have required President Bush to tell Congress what changes it could enact "to advance and protect U.S. interests" as the court is established. Helms said his amendment, backed by veterans and other military groups, would "protect these soldiers and their civilian leaders from an unaccountable kangaroo court." Opponents such as Dodd retorted that if the United States does not join in establishing the court, "Our men and women in uniform will be subjected to terrible rules. You've got to be a player." Richard Dicker, who directs the international justice program of Human Rights Watch, called the Senate vote "a low point in the U.S. Senate's commitment to strengthening international human rights." The new court, to be established as a permanent body at The Hague, Netherlands, was created by a 1998 treaty that President Clinton signed but the Senate has not ratified. It would try people, not governments, for war crimes, genocide and crimes against humanity. Supporters say it could prosecute terrorists such as members of al-Qaida, Osama bin Laden's organization, but it could not prosecute crimes committed before the court existed. As of Nov. 30, 47 nations have ratified the treaty, 13 short of the number needed to empower the court. Bush, who has criticized the treaty, has said he will not send it to the Senate for ratification without changes. Helms' amendment, similar to freestanding legislation he introduced this year, would bar U.S. cooperation with the court, including use of federal funds or the sharing of classified information. It would give the president the power to use "all means necessary and appropriate" to free any American detained by the court. It also would limit
U.S. involvement in
overseas peacekeeping missions unless the United
Nations exempts
American troops from prosecution by the court.
Additionally, it would
restrict foreign aid to other countries that fail
to sign accords preventing
American troops within their borders from being
delivered to the court.
Countries that have already ratified the court
treaty include U.S. NATO
allies Britain, France, the Netherlands and
Germany.
[Source: Alan Fram, Associated Press Writer - Associated Press - 07Dec01] -------------------------------------------------------------- v) SENATE OKS DEFENSE BILL WITH LESS FOR ANTI-TERROR. WASHINGTON -- Senate Democrats settled for a smaller anti-terrorism package as Republicans gave President Bush a victory by standing solidly against a $35 billion plan the White House deemed too expensive. The Senate used a voice vote early today to approve a $318 billion defense bill and an attached $20 billion package to bolster security at home. GOP senators earlier had voted to bring down a Democratic $35 billion response to the Sept. 11 attacks. Democrats came back hours later with the $20 billion alternative, a direct response to Bush's repeated veto threats. The new plan shifted about $7 billion that Bush wanted for defense and other programs to efforts tightening domestic security and helping New York and the Washington area recover from the Sept. 11 destruction. White House officials have promised to seek more money early next year. In yesterday's pivotal early vote, Republicans killed the $35 billion anti-terrorism plan in a 50-50 roll call that derailed the entire defense bill. Republicans needed only 41 votes on the procedural motion. Sen. Russell Feingold, D-Wis., was the only lawmaker to cross party lines. Senators clear the way for 3.4 percent pay raise. The Senate voted last night to give lawmakers a $4,900 pay raise in January as members of both parties banded together to thwart a bid to block it. With a 65-33 roll call, senators used a procedural vote to block an effort by Sens. Russell Feingold, D-Wis., and Ben Nighthorse Campbell, R-Colo., to keep the pay raise from taking place. Under a 1989 law, lawmakers receive automatic salary increases every January unless Congress votes to block them. The House already has passed legislation opening the door for a 3.4 percent boost that will increase members' annual salaries to $150,000. Senate rejects participation in new international court The Senate yesterday voted overwhelmingly to block U.S. participation in a new international criminal court that opponents fear could stage politically motivated trials of U.S. troops and government officials. The 78-21 vote added the language to this year's defense-spending bill. Washington state Democrats Patty Murray and Maria Cantwell voted to kill the proposal.
The House version of the defense-spending bill contains no such provision, but the House in May voted 282-137 to include similar language in a bill authorizing State Department programs. The new court, to be established as a permanent body at The Hague, Netherlands, was
created by a 1998
treaty that former President Clinton signed but the
Senate has not ratified.
It would try people, not governments, for war
crimes, genocide and crimes
against humanity. Supporters say it could prosecute
terrorists such as
members of al-Qaida, Osama bin Laden's
organization, but it could not
prosecute crimes committed before the court
existed.
Economic-package talks collapse over squabbles Negotiations on an economic- stimulus package broke down yesterday as
Democrats and
Republicans angrily accused each other of trying to
sabotage the talks
for political advantage.
House Speaker Dennis Hastert said Republicans postponed talks because Senate Majority Leader Tom Daschle, D-S.D., wants
any compromise
ratified by at least two-thirds of the 50 Senate
Democrats. Independent Sen.
James Jeffords of Vermont also caucuses with the
Democrats.
Sen. Jay Rockefeller, D-W.Va., suggested the GOP wasn't interested in Democratic priorities, such as extension of unemployment benefits and health-insurance benefits. At the last minute, Condit files for re-election bid Rep. Gary Condit, dogged by scandal since the disappearance of Washington, D.C., intern Chandra Levy, just beat the deadline yesterday to file for re-election next
year.
Condit, a Democrat who was first elected in 1989 and has handily won re-election six times, had kept silent on his plans until there were only 45 minutes left to file for the 2002 campaign. Several Democrats have lined up to run in the March primary. [Source: The Seattle Times - Section: Rop Zone; News; Pg. A6; Capital Watch - December 8, 2001] ------------------------------------------------------- RELATED LINKS: Rome Statute of the ICC. (U.N. Doc. A/CONF.183/9). [English as corrected By the procés-verbaux of 10 November 1998 and 12 July 1999] http://www.un.org/law/icc/statute/contents.htm Council of Europe Documents on the International Criminal Court http://www.legal.coe.int/criminal/icc/Default.asp?fd=docs&fn=DocsCoEE.htm CoE Progress reports on ratification and implementation of the Rome Statute [Appendices] http://www.legal.coe.int/criminal/icc/Default.asp?fd=docs&fn=Docs.htm American Servicemembers' Protection Act of 2001 (Introduced in the Senate). [Can be obtained by introducing "S1610" into the search box "Bill Number", located at http://thomas.loc.gov/ Benjamin Ferencz, Getting Aggressive about Preventing Aggression, The Brown Journal of World Affairs, Winter/Spring 1999 Volume VI, Issue 1, pp. 87 - 96, Brown University, Providence, Rhode Island. http://www.igc.apc.org/icc/html/ferencz199907.html This Information is edited and disseminated by Nizkor International Human Rights Team. Nizkor is a member of the Peace and Justice Service-Europe (Serpaj), Derechos Human Rights (USA) and GILC (Global Internet Liberty Campaign). PO Box 156037 - 28080 - Madrid - Spain. Telephone: +34.91.526.7502 Fax: +34.91.526.7515 Mailto: [EMAIL PROTECTED] http://www.equiponizkor.org *********************************************************************** "Our only hope today lies in our ability to recapture the revolutionary spirit and go into a sometimes hostile world declaring eternal hostility to poverty, racism, and militarism." --Martin Luther King, Jr. ************************************************************************ The Theater of the Oppressed Laboratory http://www.toplab.org ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: [EMAIL PROTECTED] ================================================================= ==^================================================================ This email was sent to: archive@jab.org EASY UNSUBSCRIBE click here: http://TOPICA.COM/u/?a84x2u.a9WB2D Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================ |
