American Service Members Protection Act

American Service-Members Protection Act: A Review of Its History and Impact

Title 2 of Pub 820 Enacted August 2, 2002

The American Service-Members Protection Act (ASPA), informally known as the Hague Invasion Act, was enacted on August 2, 2002, as Title II of Pub. L. 107-248. The legislation aimed to prevent U.S. cooperation with the International Criminal Court (ICC), an international tribunal established to prosecute individuals for war crimes, crimes against humanity, genocide, and aggression.

Background and Rationale

The United States has long been a vocal critic of the ICC, arguing that it poses a threat to U.S. sovereignty and the jurisdiction of its military tribunals. The ASPA was passed in response to the ICC's investigation of American service members for alleged war crimes committed in Afghanistan and Iraq. The act prohibited U.S. cooperation with the ICC and authorized the use of force to rescue any U.S. personnel detained by the court.

Consequences and International Response

The ASPA has had significant consequences both domestically and internationally. Domestically, it has been criticized by human rights groups for undermining the United States' commitment to international justice. Internationally, it has strained relations with countries that support the ICC, particularly those in Europe. The act has also been cited as a contributing factor to the U.S. withdrawal from the Rome Statute, the treaty that established the ICC.

Current Status and Future Implications

The ASPA remains in effect, and its provisions continue to shape U.S. policy towards the ICC. However, the future of the act is uncertain. In recent years, there have been increasing calls within the United States for the repeal or amendment of the ASPA. The Biden administration has also expressed support for engagement with the ICC under certain conditions. It remains to be seen whether the ASPA will be modified or repealed in the coming years, and what the implications will be for U.S. foreign policy and its commitment to international justice.