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The United States’ Response To The Rome Statute

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Chapter Summary

While testifying before the Senate Foreign Relations Committee, David J. Scheffer, head of the United States Delegation in Rome, indicated that the government had six principal objections to the Rome Statute. The fear that the United States may use force to protect its soldiers if prosecuted at The Hague inspired ASPA's nickname, "The Hague Invasion Act". The authority afforded under this Section extends its protection beyond United States military personnel to include other individuals, even non-Americans. Probably the most effective weapons in the United States' arsenal designed to suppress the function of the International Criminal Court (ICC) were the Article 98 treaties also referred to as bilateral immunity agreements (BIAs). Section 2002(9) of ASPA provides further evidence by stating: [T]he Rome Statute creates a risk that the President and other senior elected and appointed officials of the United States Government may be prosecuted by the ICC.

Keywords: ASPA; bilateral immunity agreements (BIAs); International Criminal Court (ICC); Rome Statute; United States



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