[Congressional Record Volume 147, Number 111 (Thursday, August 2, 2001)]
[Extensions of Remarks]
[Page E1508]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INTRODUCTION OF THE AMERICAN CITIZENS' PROTECTION AND WAR CRIMINAL 
                        PROSECUTION ACT OF 2001

                                 ______
                                 

                        HON. WILLIAM D. DELAHUNT

                            of massachusetts

                    in the house of representatives

                       Wednesday, August 1, 2001

  Mr. DELAHUNT. Mr. Speaker, this afternoon I joined with Senator 
Christopher Dodd of Connecticut in introducing the ``American Citizens' 
Protection and War Criminal Prosecution Act of 2001.''
  This bicameral legislation seeks to reaffirm the U.S. commitment to 
bringing war criminals to justice, while ensuring that U.S. 
servicemembers and civilians are not put at risk of unwarranted 
prosecution before the International Criminal Court or other foreign 
tribunals.
  I am pleased to be joined in introducing the House bill by the 
gentleman from New York, Mr. Houghton, and the gentleman from 
California, the ranking member of the House International Relations 
Committee, Mr. Lantos.
  As my colleagues know, the United States initially withheld its 
support for the Rome Statute. President Clinton signed it last year 
only after securing numerous changes that ensure a fair trial for the 
accused and protect U.S. servicemembers and civilians from arbitrary 
assertions of jurisdiction by the ICC.
  The American role was pivotal in negotiating these concessions, and 
it remains so today, as negotiators continue to work to improve the 
rules and procedures under which the ICC will operate.
  But some have urged that the U.S., rather than seek improvements, 
withdraw from this process altogether. The measure introduced by the 
senator from North Carolina (Mr. Helms) and the gentleman from Texas 
(Mr. DeLay), and recently passed by this body as an amendment to the 
Department of State Authorization bill, would effectively end U.S. 
participation in negotiations and forbid U.S. cooperation with the ICC.
  I believe the concerns that caused this House to take that action 
should be fully addressed before the President and the Senate consider 
further steps to ratify the Rome Statute. But this can be accomplished 
only through engagement, not retreat. At a time when the United States 
is increasingly perceived as ``going it alone,'' this is not the moment 
to abdicate our responsibilities by abandoning our historic commitment 
to the rule of law.
  Our legislation seeks to reaffirm that commitment while ensuring in 
no uncertain terms that U.S. servicemembers and civilians are not 
placed at risk. The bill would protect Americans from prosecution 
before the ICC in two ways. First, it would require that whenever a 
U.S. citizen is accused by a crime under the Rome Statute, the U.S. 
government must investigate or prosecute the case itself--unless the 
President determines that it is not in the national interest to do so.
  Second, the bill would prohibit the extradition of any American 
citizen if the U.S. is investigating or prosecuting the crime under 
U.S. law. It would also bar extradition if the individual has been 
tried and acquitted of the crime or, after an investigation, no 
reasonable basis has been found to proceed with a prosecution.
  If, notwithstanding these protections, a U.S. citizen were ever to 
come before the ICC, the bill would require the President to take steps 
to ensure that the defendant receives legal representation and every 
benefit of due process.
  The bill would also encourage active diplomatic efforts to address 
continuing U.S. concerns with provisions of the Rome Statute. And, 
whether or not we eventually become a party to the Statute, the bill 
would authorize the President to provide support and assistance to the 
ICC in the prosecution of accused war criminals--particularly those 
accused of committing atrocities against U.S. servicemembers or 
civilians, or citizens of friendly nations.
  The President must have this authority to defend our citizens and 
protect our national interests. And through our cooperation, to 
demonstrate our unfailing commitment to the cause of justice throughout 
the world.
  I look forward to working with my colleagues in both chambers and 
with the Administration to ensure that the United States continues to 
play its proper role in fostering a more just and peaceful world.

                          ____________________