[Congressional Record Volume 147, Number 127 (Wednesday, September 26, 2001)]
[Senate]
[Pages S9854-S9856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                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.

[[Page S9855]]

  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

[[Page S9856]]

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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