[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Extensions of Remarks]
[Page 10903]
[From the U.S. Government Publishing Office, www.gpo.gov]



                OUR CONSTITUTION PROTECTS ITS DEFENDERS

                                 ______
                                 

                             HON. TOM DeLAY

                                of texas

                    in the house of representatives

                        Wednesday, June 14, 2000

  Mr. DeLAY. Mr. Speaker, I am proud to be introducing today the 
``American Servicemembers Protection Act of 2000''. This legislation 
will protect our Armed Services from being prosecuted by the ill-
conceived International Criminal Court which the United States has 
refused to join.
  In some parts of America, national sovereignty is still taken 
seriously. Today, we take a strong step to protect the men and women 
who protect U.S. from an extra-constitutional monster that could very 
easily be abused.
  The International Criminal Court is a threat to our national 
interests. Under this system, American servicemembers could become 
pawns for hostile powers seeking revenge against U.S. policymakers.
  We must not allow the International Criminal Court to exert authority 
over our fighting forces. Administration officials admit that our armed 
forces could be subjected to the ICC's jurisdiction through 
peacekeeping, humanitarian and other missions. That means Americans 
could be prosecuted or imprisoned by the court even though we never 
signed the treaty. This we cannot allow.
  The administration refused to sign this treaty because of the threat 
it poses to our military personnel. This bill is a reasonable measure 
that gives the President the necessary tools to protect U.S. from a 
deeply flawed proposal.
  If the President ever signed and the Senate ever ratified this 
treaty, then this bill will become null and void. In the meantime, we 
must meet our responsibility to protect our armed services from the 
whims of a new international bureaucracy.
  American men and women in uniform take an oath to defend our 
Constitution from all threats, foreign and domestic. At a minimum, our 
soldiers, sailors, and airmen deserve all of the protections granted to 
them by the great document they swear to preserve.
  What if we do nothing?
  Under its terms, Americans could be brought before the ICC's court 
and tried without important rights. They could be denied a trial by 
jury. The court could compel Americans to provide self-incriminating 
testimony. And it could deny them the right to confront and cross-
examine any witnesses that testify against them.
  If we don't act to protect Americans, this court will assume unto 
itself powers over our citizens that the Constitution forbids. Our 
first duty as Members of Congress is to protect our Constitution.
  Turning a blind eye to the threat posed by this International Court 
could constrain the options available to American officials. We have no 
idea what threats the future holds. Can we risk allowing the threat of 
actions by this court to water down our nation's response to acts of 
terrorism, the proliferation of weapons of mass destruction, and 
aggression against our vital interests and allies?
  Under this treaty, an American President could be tried before an 
international court if the prosecutor decided that an American foreign 
policy decision was unjustified.
  This bill protects Americans in several important ways. First, it 
stops federal, state, and local governments from assisting the ICC. It 
stops U.S. officials from arresting or extraditing suspects for the 
ICC. It also prevents U.S. entities from performing searches and 
seizures. In short, this bill protects Americans from all the ways the 
ICC could intrude into their lives.
  The bill also stops U.S. forces from taking part in missions that 
would expose them to the reach of this court. U.S. forces could still 
be deployed if the President certifies to Congress that exemptions to 
prosecution are in place to protect our forces. The bill also 
safeguards our national interests by denying classified data to the 
ICC.
  Finally, this bill authorizes the President to use whatever means 
necessary to rescue Americans who are detained under the authority of 
the ICC.
  The Clinton administration is continuing to seek revisions to the ICC 
treaty to protect our armed forces from the court's jurisdiction. This 
legislation should reinforce the administration's efforts by making 
clear to those countries that support the ICC what the future will hold 
if American concerns about the court are not satisfactorily addressed.
  Mr. Speaker, America is not ready to timidly cede her sovereignty to 
an unaccountable, international entity that is not bound to respect our 
Constitution, and that we have refused to join. Members should support 
this bill and defend our first principles.

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