American Servicemember's Protection Act

The American Servicemembers' Protection Act (ASPA), originally signed into law in August 2002, prohibits the United States from providing military aid to countries that have ratified the Rome Statute of the International Criminal Court (ICC). ASPA effectively limits U.S. cooperation with the International Criminal Court, restricts U.S. participation in UN peacekeeping, prohibits military assistance to most countries that ratify the ICC's Rome Statute, and authorizes the President to use "all means necessary and appropriate" to free  any U.S. or allied personnel held by or on behalf of the ICC -- a provision that has led European leaders to call it "The Hague Invasion Act." 

Despite the provision banning military aid to ICC countries, ASPA does provide exemptions if the President waives the requirement for national security reasons or because countries have concluded a bilateral immunity agreement (BIA) with the U.S. In addition, certain U.S. allies are specifically exempted under ASPA, including all NATO countries, Argentina, Australia, Bahrain, Egypt, Israel, Japan, Jordan, Kuwait, Morocco, New Zealand, Pakistan, Philippines, the Republic of Korea, Taiwan, and Thailand. 

ASPA History

President Bush originally signed the Supplemental Defense Appropriations Act of 2002 (HR 4775) into law on August 2, 2002.  Contained in the measure was a version of the American Servicemembers' Protection Act (ASPA), heavily modified from the first version introduced more than two years earlier. The final version includes a stipulation that no part of the bill may interfere with the President's constitutional authority to make foreign policy.  Moreover, the Congressional conference committee made a deliberate decision not to modify the amendment added in the Senate version that prohibits any portion of the bill from interfering with U.S. efforts to bring to justice foreign nationals accused of atrocious crimes. This provision, known as the Dodd Amendment, reads: "Nothing in this title shall prohibit the United States from rendering assistance to international efforts to bring to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members of Al Queda, leaders of Islamic Jihad, and other foreign nationals accused of genocide, war crimes or crimes against humanity." See Senator Dodd's and Senator Leahy's floor statements interpreting ASPA and its waivers.

Updated October 18, 2005