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INTERNATIONAL LAW AND JUSTICE | Foreign Ops and the ICC    

U.S. institutes more sanctions on ICC Member States

On Friday, November 11, 2005 the United States Senate passed the Fiscal Year 2006 (FY 2006) Foreign Operations spending bill, which had been approved by the House of Representatives earlier in the month. The bill now goes to President Bush for his signature. While much analysis will be paid to the bottom line of the legislation ($20.9 billion), equal attention should be given to a provision which jeopardizes $326.6 million in U.S. economic assistance in FY 2006 to 12 nations.
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Citizens for Global Solutions has conducted an in-depth analysis of this provision in an effort to ascertain its impact on U.S. relations with its allies in strategic regions such as the Middle East, sub-Saharan Africa and Latin America. The amendment in question would cut Economic Support Funds (ESF) to all countries that have ratified the International Criminal Court (ICC) but have not signed a Bilateral Immunity Agreement (BIA) with the U.S.

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u.s. POLICY ON the icc

The Bush Administration has taken a strong position against the ICC, has withdrawn from all negotiations, and has pursued policies that could undermine the Court's important work.  This staunch opposition is despite the fact that the U.S. played a leading role in negotiating the Rome Statute, the treaty establishing the ICC.

+ U.S. POLICY ON THE ICC
+ BUSH ADM. POLICY STATEMENTS ON THE ICC


Country Examples of a Counter-productive U.S. Foreign Policy

The Bush Administration’s opposition to the ICC hurts many of America’s closest friends and allies. Indeed, many of the ICC member states not only share multiple U.S. foreign policy goals, but are also either democratic or trying to consolidate democracy for the first time. Because these countries support the ICC they are subjected to the withholding of key U.S. funds.

+ MEDITERRANEAN AND EUROPEAN COUNTRIES AFFECTED
+ LATIN AMERICAN NATIONS AFFECTED
+ AFRICAN NATIONS AFFECTED


withholding ECONOMIC SUPPORT Funds: a numerical analysis

Analysis clearly illustrates that the provision to the FY 2006 Foreign Operations spending bill, which prohibit nations supporting the ICC from receiving critical U.S. economic assistance, is much more than bad policy.  It would have negative affects on ICC member states and would be counterproductive to a U.S. foreign policy that is committed to battling terrorism, drug trafficking, hunger, poverty and disease while promoting democracy abroad. Rep. Jim Kolbe made this point clearly when he stated in July 2004 that “conditioning ESF assistance and cutting it off to nations that do not sign [BIAs] is not…the right response. It is a very, very heavy hand to the problem…At a time when we are fighting the war on terrorism, reducing this tool of diplomatic influence is not a good idea.” 

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background information

ECONOMIC SUPPORT FUNDS promote America’s foreign policy interests by providing assistance to key U.S. allies and countries in democratic transition. The fund assists Middle East peace negotiations and finances economic stabilization programs, often in a multi-donor context.
+ ECONOMIC SUPPORT FUND


BILATERAL IMMUNITY AGREEMENTS otherwise referred to as Article 98 agreements, bilateral immunity agreements (BIAs) prohibit states that are party to the International Criminal Court (ICC) from sending any U.S. personnel to the Court. Since the summer of 2002, the Bush Administration has sought to conclude BIAs with every country in the world.
+ SUMMARY OF BILATERAL
   IMMUNITY AGREEMENTS

+ TEXT OF A BIA (PDF)


the INTERNATIONAL criminal COURT is the only permanent international court capable of trying individuals accused of genocide, war crimes and crimes against humanity when there is no other recourse for justice.
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