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Context of 'July 1, 2003: US Halts Military Aid to Countries Party to International Criminal Court without Waivers'

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The UN General Assembly adopts the Rome Statute of the International Criminal Court (ICC). One hundred twenty member-states vote in favor of the Statute with 21 abstaining and only seven voting against. The countries which oppose its creation are the United States (will sign Statute on December 31, 2000 but later withdraw (see May 6, 2002)), Israel (will sign Statute on December 31, 2000 but later withdraw (see August 28, 2002)), China, Iraq, Qatar, Libya, and Yemen. [Rome Statute of the International Criminal Court, 7/17/1998; CNN, 7/8/2002; Anne E. Mahle, 1/15/2005] The Clinton administration’s vote against the ICC was made under pressure from the Pentagon which believes that US troops, military officers and officials will become subject to politically motivated or frivolous prosecutions. Additionally, the US says it does not want the court to supplant its own domestic and military court system. [Human Rights Watch, 4/14/1998; Anne E. Mahle, 1/15/2005] On April 11, 2002, the countries of Bosnia-Herzegovina, Bulgaria, Cambodia, Democratic Republic of Congo, Ireland, Jordan, Mongolia, Niger, Romania and Slovakia will submit their ratifications to the UN bringing the total number of countries to ratify the Rome Statute to 66, well beyond the 60 needed to make it a binding treaty. The Statute is entered into force on July 1, 2002. [Amnesty International, 4/11/2002; Coalition for the International Court, 4/11/2002 pdf file] The International Criminal Court (ICC) “is the first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.” [International Criminal Court, 3/27/2005] It has authority to try cases involving genocide, war crimes, and crimes against humanity. Significantly, Article 12 of the Rome Statute gives the court jurisdiction over the nationals of any state if the alleged crime takes place on the territory of a state that is a party to the Statute or that delegates jurisdiction for that case to the ICC—even in cases where the defendant’s state of nationality is not a party to the treaty. [Morris, 2001]

Entity Tags: UN General Assembly

Timeline Tags: US International Relations

More than 50 countries sign “Article 98” agreements with the US under threat of losing US military aid. Article 98 agreements, so called because the US claims they have a legal basis in Article 98 of the Rome Statute (see July 17, 1998), are bilateral immunity agreements (BIA) that prohibit both parties from extraditing the other’s current or former government officials, military and other personnel to the International Criminal Court (ICC) . With the exception of a few close allies, countries that are party to the ICC (see July 17, 1998) and have not signed the agreements will become ineligible for US military aid when on July 1, 2003 (see July 1, 2003) Section 2007 of the American Servicemembers’ Protection Act (see August 2, 2002) goes into effect. The Bush administration hopes that the “Article 98” agreements will protect US troops and officials from being prosecuted by the International Criminal Court (ICC) for any alleged war crimes committed in a country that is party to the court. Critics say the BIAs are inexcusable attempts to gain impunity from war crimes. Some countries sign the agreement despite popular opposition and ask the Bush administration not to make the agreements public. [CNS News, 8/5/2002; New York Times, 8/7/2002; New York Times, 8/10/2002; Coalition for the International Court, 9/2003 pdf file]

Entity Tags: Bush administration (43)

Timeline Tags: US International Relations

US President George Bush signs the American Servicemembers’ Protection Act (HR 4775), making it Public Law 107-206. Section 2007, written by Representative Tom DeLay of Texas, prohibits the United States from providing military assistance to any nation that is party to the International Criminal Court (see July 17, 1998). Only countries that receive a special waiver from the president or that sign so-called “Article 98” agreements (see August 2002-July 1, 2003) will be exempt from the prohibition. The exemption is also extended to a select few other counties (Taiwan, NATO members, and “major non-NATO allies” like Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand). Section 2007 will go into effect on July 1, 2003, one year after the Rome Statute entered into force. Section 2008 of HR 4775 gives the president authority to use “all means necessary and appropriate to bring about the release of any person… being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.” [US Congress, 7/24/2002; New York Times, 8/10/2002]

Entity Tags: George W. Bush, Tom DeLay

Timeline Tags: US International Relations

In compliance with the American Servicemembers’ Protection Act (HR 4775) (see August 2, 2002), the Bush administration halts over $47 million in military aid to 35 countries that are party to the International Criminal Court. The only ICC signatories that are exempt from the measure are countries that have signed bilateral “Article 98” agreements (see August 2002-July 1, 2003) with the US or that qualify for exemption under the provisions of the Act. [BBC, 7/2/2003; CNN, 7/2/2003; New York Times, 7/2/2003; Washington Times, 7/2/2003]

Entity Tags: Bush administration (43)

Timeline Tags: US International Relations

UN Secretary-General Kofi Annan urges the Security Council to vote against a resolution that would exempt US soldiers serving in UN approved operations from prosecution before the International Criminal Court (ICC). Talking to journalists, he says, “For the past two years, I have spoken quite strongly against the exemption, and I think it would be unfortunate for one to press for such an exemption, given the prisoner abuse in Iraq.” [Inter Press Service, 6/21/2004] He adds, “It would discredit the Council and the United Nations that stands for the rule of law and the primacy of the rule of law.” [Truthout (.org), 6/28/2004] Since President Bush has taken office, the US, by threatening to withdraw funding for UN peacekeeping missions (see July 12, 2002), has made the Security Council adopt a resolution each year prohibiting the ICC from investigating or prosecuting officials from states that have not ratified the Rome Statute, like the US, for acts committed during participation in a UN-authorized mission. “Given the recent revelations from Abu Ghraib prison,” said Richard Dicker from Human Rights Watch, “the US government has picked a hell of a moment to ask for special treatment on war crimes.” [Inter Press Service, 6/21/2004] The US will eventually withdraw the resolution knowing China will use its veto power. China’s ambassador to the UN, Wang Guangya, later explains that his country did not want to support a resolution that could grant impunity to people committing abuses like the ones that happened at Abu Ghraib. [New York Times, 6/5/2004] The “major diplomatic defeat,” as the Financial Times calls it, “also marked,” according to the Washington Post, “the most concrete evidence of a diplomatic backlash against the scandal over abuses of US detainees in Afghanistan and Iraq.” [Truthout (.org), 6/28/2004] However, even with the defeat at the Security Council there is little chance that the US will be brought before the court for any future alleged war crimes because of bilateral immunity agreements that are still in force between the US and several countries (see August 2002-July 1, 2003). [Inter Press Service, 6/21/2004]

Entity Tags: Kofi Annan, Wang Guangya, Richard Dicker, United Nations, George W. Bush

Timeline Tags: Torture of US Captives, US International Relations

President Bush signs into law the 2005 Consolidated Appropriations Act 2005 setting a $338 billion budget for “Foreign Operations, Export Financing, and Related Programs.” Section 574 of the Act (see August 2, 2002) blocks the distribution of economic aid to countries that are party to the Rome Statute (see July 17, 1998) and have not signed “Article 98” agreements (see August 2002-July 1, 2003) with the US. The provision states: “None of the funds made available in this Act in title II under the heading `Economic Support Fund’ may be used to provide assistance to the government of a country that is a party to the International Criminal Court and has not entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country.” [Washington Post, 11/26/2002; US Congress, 11/20/2004; Seattle Post-Intelligencer, 12/3/2004]

Entity Tags: George W. Bush

Timeline Tags: US International Relations

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