U.S. Government Immunity from International Criminal Court Prosecution. This amendment notes that "any American prosecuted by the International Criminal Court will, under the Rome Statute, he denied procedural protections to which all Americans arc entitled under the Bill of Rights to the United States Constitution, such as the right to trial by jury." The amendment therefore prohibits any form of assistance to the ICC, prohibits military foreign aid to the ICC, prohibits the operation of ICC officials on U.S. soil, and prohibits the deployment of U.S. forces to nations that have ratified the ICC treaty or areas where U.S. servicemen are likely to be prosecuted. Nevertheless, this is a weak, milquetoast amendment that does not go nearly far enough. It does not protect the average American citizen from prosecution. Furthermore, it gives the president the option to waive prohibitions in the amendment against prosecuting American officials without a jury trial or constitutionally protected due process if the president determines that "it is in the national interest of the United States for the International Criminal Court’s investigation or prosecution of the named individual to proceed."
The House adopted the amendment to H.R. 1646 on May 10, 2001 by a vote of 282-137 (Roll Call 106). We have assigned pluses to the yeas.
