[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2381 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2381

To prohibit United States economic assistance for countries that ratify 
  the treaty known as the Rome Statute of the International Criminal 
Court, a treaty that provides for the establishment of an International 
 Criminal Court, an illegal and illegitimate institution that violates 
 the principles of self-government and popular sovereignty, as well as 
      accepted norms of international law, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 1999

   Mr. Ney introduced the following bill; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                                 A BILL


 
To prohibit United States economic assistance for countries that ratify 
  the treaty known as the Rome Statute of the International Criminal 
Court, a treaty that provides for the establishment of an International 
 Criminal Court, an illegal and illegitimate institution that violates 
 the principles of self-government and popular sovereignty, as well as 
      accepted norms of international law, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection of United States Troops 
From Foreign Prosecution Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1)(A) A treaty is a contract between sovereign nations 
        and, like a private contract, cannot force a nation to be 
        subject to its terms if that nation has not agreed to be bound 
        by its terms.
            (B) The treaty known as the Rome Statute of the 
        International Criminal Court, adopted in Rome, Italy on July 
        17, 1998, by the United Nations Conference of Plenipotentiaries 
        on the Establishment of an International Criminal Court 
        (hereinafter referred to as the ``ICC Treaty''), by claiming 
        the unprecedented power to investigate and try citizens of any 
        nation--even the citizens of nations that are not party to the 
        treaty--based upon events taking place in the territory of a 
        nation party to the treaty, is entirely unsupported in 
        international law.
            (2)(A) Under the terms of the ICC Treaty, an institution, 
        to be called the International Criminal Court (hereinafter 
        referred to as the ``Court''), is to be established upon the 
        ratification of the ICC Treaty by 60 nations.
            (B) The creation of this permanent, supranational Court, 
        with the independent power to judge and punish elected 
        officials of sovereign nations for their official actions, 
        represents a decisive break with fundamental United States 
        ideals of self-government and popular sovereignty.
            (C) The creation of the Court would constitute the transfer 
        of the ultimate authority to judge the acts of United States 
        officials away from the people of the United States to an 
        unelected and unaccountable international bureaucracy.
            (3)(A) In its design and operation, the Court is 
        fundamentally inconsistent with core United States political 
        and legal values.
            (B) For example, a defendant would face a judicial process 
        almost entirely foreign to the traditions and standards of the 
        United States and be denied the right to a trial by a jury of 
        one's peers, reasonable bail, a speedy trial, and the ability 
        to confront witnesses to challenge the evidence against the 
        defendant.
            (4)(A) A prosecutor under the ICC Treaty would be able to 
        appeal a verdict of acquittal, effectively placing the accused 
        in ``double jeopardy''.
            (B) Such appeals are forbidden in the law of the United 
        States and have been inconsistent with the Anglo-American legal 
        tradition since the 17th century.
            (5) Because the guarantees of the Bill of Rights in the 
        United States Constitution would not be available to those 
        individuals prosecuted by the Court, the United States could 
        not participate in, or facilitate, any such court.
            (6)(A) If the United States were to join the ICC Treaty, 
        United States citizens could face removal to jurisdictions 
        outside the United States for prosecution and judgment, without 
        the benefit of a trial by jury, in a tribunal that would not 
        guarantee many other rights granted by the United States 
        Constitution and laws of the United States, and where the 
        judges may well cherish animosities, or prejudices against 
        them.
            (B) These are among the very offenses of the King and 
        Parliament listed in the Declaration of Independence that 
        required separation from England, revolution, and war.
            (7) The Court would be able to prosecute any individual 
        United States citizen, including the President, military and 
        civilian officers and officials, enlisted personnel, and even 
        ordinary citizens who were involved in any action the Court 
        determined to be within its jurisdiction.

SEC. 3. PROHIBITION ON IMPLEMENTATION OF ICC 
              TREATY.

    Notwithstanding any other provision of law, no Federal department 
or agency shall--
            (1) take any action that has the effect of observing or 
        implementing the provisions of the ICC Treaty; or
            (2)(A) provide funding or other support for the 
        International Criminal Court; or
            (B) transfer any person to the custody of the International 
        Criminal Court.

SEC. 4. PROHIBITION ON FOREIGN ECONOMIC ASSISTANCE FOR COUNTRIES THAT 
              RATIFY ICC TREATY.

    (a) Sense of the Congress.--It is the sense of the Congress that 
the President should inform both allies and adversaries of the United 
States that ratification of the ICC Treaty, in view of jurisdictional 
claims provisions in the Treaty that violate international law, will be 
considered an unfriendly act directed at the United States, and that 
ratification by any foreign country will adversely affect bilateral 
relations between the United States and that country.
    (b) Prohibition on Economic Assistance.--Chapter 1 of part III of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2351) is amended--
            (1) by redesignating the second section 620G (as added by 
        section 149 of Public Law 104-164 (110 Stat. 1436)) as section 
        620J; and
            (2) by adding at the end the following:

``SEC. 620K. PROHIBITION ON ECONOMIC ASSISTANCE FOR COUNTRIES THAT 
              RATIFY ICC TREATY.

    ``(a) Prohibition.--Notwithstanding any other provision of law, 
United States economic assistance may not be provided, directly or 
indirectly, to a foreign country that ratifies the ICC Treaty.
    ``(b) Definitions.--In this section:
            ``(1) ICC treaty.--The term `ICC Treaty' means the Treaty 
        known as the Rome Statute of the International Criminal Court 
        adopted in Rome, Italy on July 17, 1998, by the United Nations 
        Conference of Plenipotentiaries on the Establishment of an 
        International Criminal Court.
            ``(2) United states economic assistance.--The term `United 
        States economic assistance' means any assistance under part I 
        of this Act and any assistance under chapter 4 of part II of 
        this Act, except that such term does not include humanitarian 
        assistance.''.

SEC. 5. SENSE OF THE CONGRESS RELATING TO REFERRAL BY UNITED NATIONS TO 
              ICC.

    It is the sense of Congress that the President should instruct the 
United States representative to the United Nations to veto any attempt 
by the United Nations Security Council to refer a matter to the 
International Criminal Court for investigation.

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) ICC treaty.--The term ``ICC Treaty'' means the Treaty 
        known as the Rome Statute of the International Criminal Court 
        adopted in Rome, Italy on July 17, 1998, by the United Nations 
        Conference of Plenipotentiaries on the Establishment of an 
        International Criminal Court.
            (2) International criminal court.--The term ``International 
        Criminal Court'' means the institution, known as the 
        International Criminal Court, established upon the ratification 
        of the ICC Treaty by 60 nations.
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