The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“AMERICAN SERVICE MEMBERS PROTECTION ACT” mentioning the U.S. Dept of State was published in the Senate section on pages S9854-S9856 on Sept. 26, 2001.
The publication is reproduced in full below:
AMERICAN SERVICE MEMBERS PROTECTION ACT
Mr. HELMS. Mr. President, after those dastardly terrorists deliberately murdered--and I use those words advisedly--thousands of American citizens in New York, Washington, and in the plane crash in Pennsylvania, President Bush instructed our armed services to ``be ready.''
Mr. President, our Nation is at war with terrorism. Everybody knows that. Thousands in our Armed Forces are already risking their lives around the globe, preparing to fight in that war. We bade farewell to 2,000 or 3,000 marines from North Carolina last week.
These are all courageous men and women who are not afraid to face up to evil terrorists, and they are ready to risk their lives to preserve and to protect what I like to call the miracle of America.
And that is why I am among those of their fellow countrymen who insist that these men and women who are willing to risk their lives to protect their country and fellow Americans should not have to face the persecution of the International Criminal Court--which ought to be called the International Kangaroo Court. This court will be empowered when 22 more nations ratify the Rome Treaty.
Instead of helping the United States go after real war criminals and terrorists, the International Criminal Court has the unbridled power to intimidate our military people and other citizens with bogus, politicized prosecutions.
Similar creations of the United Nations have shown that this is inevitable.
Earlier this year, the U.N. Human Rights Commission kicked off the United States--the world's foremost advocate of human rights--to the cheers of dictators around the globe.
The United Nation's conference on racism in Durban, South Africa, this past month, became an agent of hate rather than against hate. With this track record, it is not difficult to anticipate that the U.N.'s International Criminal Court will be in a position not merely to prosecute, but to persecute our soldiers and sailors for alleged war crimes as they risk their lives fighting the scourge of terrorism.
Therefore, now is the time for the Senate to move to protect those who are protecting us.
I have an amendment at the desk to serve as a sort of insurance policy for our troops. My amendment is supported by the Bush administration and is based on the ``American Service Members Protection Act,'' which I introduced this past May. It is cosponsored by Senators Miller, Hatch, Shelby, Murkowski, Bond, and Allen. I ask unanimous consent that the amendment be filed with the DOD authorization bill.
The PRESIDING OFFICER. The amendment will be filed.
Mr. HELMS. Mr. President, many Americans may not realize that the Rome Treaty can apply to Americans even without the U.S. ratifying the treaty. This bewildering threat to America's men and women in our Armed Forces must be stopped.
And that is precisely what my amendment proposes to do--it protects Americans in several ways:
(1) It will prohibit cooperation with this kangaroo court, including use of taxpayer funding or sharing of classified information.
(2) It will restrict a U.S. role in peacekeeping missions unless the U.N. specifically exempts U.S. troops from prosecution by this international court.
(3) It blocks U.S. aid to allies unless they too sign accords to shield U.S. troops on their soil from being turned over to the ICC.And
(4) It authorizes any necessary action to free U.S. soldiers improperly handed over to that Court.
My amendment to the Defense authorization bill incorporates changes negotiated with the executive branch giving the President the flexibility and authority to delegate tasks in the bill to Cabinet Secretaries and their deputies in this time of national emergency.
The Bush administration supports this slightly revised version of the American Service Members Protection Act. I have a letter from the administration in support of this amendment, which I will soon read.
Nothing is more important than the safety of our citizens, soldiers, and public servants. The terrorist attacks of September 11 have made that fact all the more obvious.
Today, we can, we must, act to protect our military personnel from abuse by the International Criminal Court.
The letter I received dated September 25 from the U.S. Department of State is signed by Paul V. Kelly, Assistant Secretary for Legislative Affairs:
Dear Senator Helms: This letter advises that the administration supports the revised text of the American Servicemembers' Protection Act, dated September 10, 2001, proposed by you, Mr. Hyde and Mr. Delay.
We commit to supporting enactment of the revised bill in its current form based upon the agreed changes without further amendment and to oppose alternative legislative proposals.
We understand that the House ASPA legislation will be attached to the State Department Authorization Bill or to other appropriate legislation.
Signed, Paul V. Kelly, as I indicated earlier.
I thank the Chair and yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. Does the Senator withhold his suggestion?
Mr. HELMS. Yes.
The PRESIDING OFFICER. The Senator from Idaho.
Mr. CRAIG. Mr. President, I send to the desk a second-degree amendment to the Helms amendment and ask unanimous consent that it be considered in context with the Helms amendment on the DOD authorization bill when we return to the bill.
The PRESIDING OFFICER. Is there objection?
Mr. DASCHLE. Reserving the right to object, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. DASCHLE. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Idaho.
Mr. CRAIG. Mr. President, I thank the majority leader for his consideration. I had asked my second-degree amendment to the Helms amendment be considered in that context upon returning to the DOD authorization bill. Mr. President, I send that amendment to the desk as a second degree.
The PRESIDING OFFICER. The amendment will be filed.
The Senator from North Carolina.
Mr. HELMS. Mr. President, I ask unanimous consent that I may make my remarks seated at my desk.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CRAIG. Mr. President, I ask unanimous consent that the amendment appear in the Record as presented.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CRAIG. Mr. President, I will speak briefly to it because I know there is other business to be conducted.
It is, first and foremost, very important that I say I agree with the general premise of the amendment that Senator Helms has offered this afternoon. It is clearly of utmost importance that we speak as a nation to the world and say that our men and women in uniform may never and will never become subject to an International Criminal Court. That is the sovereign right of this Nation.
We, in general, object to what the Criminal Court under the Rome Treaty proposes. In fact, in the Commerce-State-Justice appropriations bill, just 2 weeks ago I offered an amendment to strike all necessary moneys that would bring about our activity in the Preparatory Commission and the implementation of the Criminal Court.
My amendment goes a step beyond what Senator Helms has proposed because the International Criminal Court is not specific to men and women in uniform. It says all citizens of the world in essence; anyone over 18 years of age. Is it possible to assume that a rogue prosecutor under the Criminal Court of the United Nations could suggest that Colin Powell is in violation and, therefore, to be prosecuted before the Criminal Court for his conduct as it relates to pursuing international justice in relation to terrorists? Yes, it is.
As a result of that, my amendment proposes to protect all citizens, not just those men and women in uniform. That is critically necessary and important.
We have spoken out as a nation in general opposition to the ICC, and when the treaty was signed by former President Clinton, he talked about the inequities and the problems.
My amendment also addresses those problems, and it would remove language indicating that the United States may eventually become a party to the ICC.
There is a gratuitous endorsement of the U.N.'s ad hoc tribunals. We have just been through one of those episodes in South Africa where the United States and Israel had to walk away because of an intent to suggest that charges of racism be pursued against one of those nations. Ad hoc tribunals and the very principle with which we are trying to deal in the ICC should suggest that we do not necessarily endorse or support the U.N.'s ad hoc tribunals.
There is a new section 1411 that has been added to permit U.S. cooperation with the ICC on a case-by-case basis, including that of giving classified information to the ICC. We reject that.
Lastly, there is no mention of American sovereignty. I think it is always important when we are addressing international bodies or our relationship to them that we speak so clearly to the right of this Nation to determine its own destiny and, more importantly, that we will not be signatories to, nor will we endorse as a Senate or as a Government, concepts in the international arena that take from us our right of American sovereignty and the right, therefore, of our judicial system over the citizens of this country away from that of an international body.
That is the intent of my second degree. Without question, and I have discussed this with Senator Helms, he and I stand strongly together in support of the protection of our troops, our men and women in uniform, in not being subject to an international criminal court of justice.
I yield the floor.
The PRESIDING OFFICER. The Senator from North Carolina.
Mr. HELMS. Again, Mr. President, I thank the Chair.
Let me just add a footnote to the remarks of Senator Craig. We have been working closely together on this issue of the International Criminal Court, and we see eye to eye on the danger of this Court presented to our fighting men and women. I appreciate very much the efforts of Senator Craig, who I understand may be offering a second-
degree amendment, which he has already done.
I want to assure the Senate, as Senator Craig has, that Senator Craig and I will continue working together on this and other important issues in the future.
As I indicated earlier in my remarks, my amendment--the underlying amendment, that is--is supported by the Bush administration. Vice President Cheney has personally seen to it the language in my underlying amendment has the approval of the State Department, the Defense Department, the National Security Council, the Justice Department, along with other parts of the Government.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Johnson). Without objection, it is so ordered.
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