Coalition for the International Criminal Court
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ASPA
ASPA
Security Council open debate on the renewal of Resolution 1422 in which France, Germany and Syria abstained on 12 June 2003. Credit: UN.
The first legislation adopted by the US Congress, in August 2002, is known as the American Servicemembers' Protection Act (ASPA). This legislation, known as the "Hague Invasion Act" contains provisions restricting US cooperation with the ICC; making US support of peacekeeping missions largely contingent on achieving impunity for all US personnel; and even granting the President permission to use “any means necessary” to free US citizens and allies from ICC custody in The Hague. The legislation, however, contains waivers that make all of these provisions non-binding. The Bush administration has used waivers to exempt IMET funds, and an amendment to ASPA in 2006 removed IMET cuts to countries without a BIA. The US, however, continues to pressure countries around the world to conclude bilateral immunity agreements – or otherwise lose essential US military assistance