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Memorandum to Congress on the ICC from Current and Past Presidents of the Asil

Published online by Cambridge University Press:  27 February 2017

Arthur W. Rovine
Arthur W. Rovine*
Affiliation:
American Society of International Law
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Extract

Late last year, in a letter to Congressman Tom DeLay, majority whip of the House of Representatives, twelve former high government officials expressed their support for a bill introduced by Senator Jesse Helms in June 2000, entitled "American Servicemembers' Protection Act."1 The bill, if enacted, would prohibit any agency of the U.S. government from cooperating with the international criminal court (ICC), and proscribe U.S. military assistance to any nation that becomes a party to the treaty of Rome,2 with the exception of NATO members and certain other allied countries.

Type
Current Developments
Information
American Journal of International Law , Volume 95 , Issue 4 , October 2001 , pp. 967 - 969
Copyright
Copyright © American Society of International Law 2001

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References

1 American Servicemembers’ Protection Act of 2000, H.R. 4654, 106th Cong. (2000).

2 Rome Statute of the International Criminal Court, July 17, 1998, UN Doc. A/CONF.183/9*, 37 ILM 999 (1998), corrected through July 1999 by UN Doc. PCNICC/1999/INF/3*, at <http://www.un.org/law/ico>.

3 Letter from Lawrence S. Eagleburger, Former Secretary of State, et al., to Tom DeLay, Majority Whip, U.S. House of Representatives (Nov. 29, 2000) (on file with author).

4 Id., para. 2 (cited by paragraph for convenience; the paragraphs in the letter are not formally numbered).

5 Id.

6 Id., para. 4.

7 Id.

8 Letter from Monroe Leigh, Partner, Steptoe & Johnson, to Henry Hyde, Chairman, House Committee on International Relations (Feb. 21, 2001), attaching memorandum entitled “Misconceptions About the Proposed International Criminal Court” by current and former presidents of the American Society of International Law Oscar Schachter, Hamilton Fish Professor of International Law and Diplomacy Emeritus & Special Lecturer, Columbia University School of Law; William D. Rogers, Partner, Arnold & Porter; Monroe Leigh, Partner, Steptoe 8c Johnson; Louis B. Sohn, Distinguished Research Professor and Director, Research and Studies, George Washington University Law School; Peter D. Trooboff, Partner, Covington & Burling; Louis Henkin, University Professor Emeritus and Special Service Professor, Columbia University School of Law; Edith Brown Weiss, Georgetown University Law Center; Thomas M. Franck, Murray and Ida Becker Professor and Director, Center for International Studies, New York University School of Law; Arthur W. Rovine, Partner, Baker & McKenzie; Stephen, M. Schwebel, former Judge, International Court of Justice (Feb. 13, 2001)Google Scholar (on file in the ASIL Library) [hereinafter ASIL Presidents’ Memorandum].

9 Id., para. 4 (the paragraphs, though unnumbered, are cited here by number for convenience).

10 The Schooner Exchange v. McFaddon, 11 U.S. (7 Cranch) 116, 136 (1812).

11 Wilson v. Girard, 354 U.S. 524, 530 (1957).

12 Agreement Between the Parties to the North Atlantic Treaty Regarding the Status of Their Forces, June 19, 1951, 4 UST 1792, 199 UNTS 67.

13 ASIL Presidents’ Memorandum, supra note 8, para. 9.

14 Id, para. 10.

15 Id., para. 11.

16 Id., para. 13.

17 Id, para. 15.