[Congressional Record Volume 147, Number 64 (Thursday, May 10, 2001)]
[Senate]
[Page S4814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                AMERICAN SERVICEMEMBERS' PROTECTION ACT

  Mr. HELMS. Mr. President, in rejecting U.S. membership in the U.N. 
Human Rights Commission, the strongest voice for freedom in the world 
has been silenced at and by the United Nations.
  Clearly, Members of the United Nations are far more comfortable with 
a definition of human rights which is agreeable to rogue nations like 
Libya and Sudan. This is precisely the sentiment which created the 
International Criminal Court. If the signatories to the Rome Treaty 
proceed to establish a permanent International Criminal Court, we need 
an insurance policy against politicized prosecution of American 
soldiers and officials.
  This bill is just that protection, and let me be absolutely clear, 
the Rome Treaty, if sent to the United States Senate for ratification, 
will be dead on arrival.
  Notwithstanding the fact that the Senate will not ratify this treaty, 
it is, to my knowledge, the first treaty which would be applicable to 
the U.S. even without the United States consent. This is, to say the 
least, an appalling breach of American sovereignty and it will not 
stand.
  But, there will be real consequences if the United States remains 
silent in the face of this outrage. It is easy to imagine the U.S. or 
Israel becoming a target of a U.N. witch hunt, with officials or 
soldiers being sent before judges handpicked by undemocratic countries.
  I am pleased that the able Senator from Georgia, Zell Miller, is 
joining in the introduction of this bill. It will help President Bush 
signal that the United Nations will have to go back to the drawing 
board when dealing with war crimes. If any such treaty creating a war 
crimes court does not include the opportunity for a U.S. veto, I will 
make certain that the Senate vetoes the treaty.

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