Global Policy Forum

By Benjamin B. Ferencz

Dear Sen. Schumer, Sen. Clinton, Rep. Lowey,

I am appalled by the recent inclusion of the American Servicemembers Protection Act (ASPA) within the Supplemental Appropriations Bill. This anti-International Criminal Court (ICC) legislation contains the largest grant of war-powers by Congress to the Executive since the 1964 Gulf of Tonkin Resolution. Not only does this legislation convey indifference towards some of the worst crimes known to humankind, it foolishly promotes further isolation from our friends and neighbors. The Supplemental Appropriations Conference Committee should cut this legislation out of the bill and demonstrate that we do as we say about foreign policy.

As a former Nuremberg Prosecutor, I am appalled that the US public is being misled by the right-wing reactionaries who oppose the ICC and thereby repudiate what we stood for at Nuremberg. Recall that the American Bar Assn, the NY Bar Assn, and every President of the American Society of International Law and other legal experts support the ICC as being in the interest of the US and its military. Why? Are they all being fooled? Is the entire European community being foolish to support the ICC? Or is the American public being frightened by false fears of abuse against our soldiers by the new court designed to protect them and the rule of law. Please let your voices be heard loud and clear.

As you know, with nearly 70 ratifications, the Rome Statute of the ICC will enter into force on July 1, 2002, and will create the world's first permanent judicial institution capable of trying individuals for the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Despite the Administration's aversion to the Court, the international community has expressed overwhelming support for the establishment of the ICC, reflecting an understanding that impunity for crimes as serious as those covered under the Rome Statute can no longer be tolerated.

If ASPA makes it through committee just on the heels of the U.S. "unsigning" of the ICC treaty, the U.S. will signal to the world that America is turning its back on decades of US leadership in prosecuting war criminals since the Nuremberg trials. Many human rights groups and numerous foreign observers including the European Union have condemned the United States repudiation of the treaty.

Additionally, the Netherlands parliament and the Dutch foreign minister have formally expressed concern over the ASPA legislation allowing for the invasion of their country. This legislation is unnecessary and clearly provocative, rubbing salt in the wounds of our European allies, who already are frustrated by the Bush unsigning.

In the past weeks, both Under Secretary Marc Grossman and Defense Secretary Rumsfeld said, "The United States respects the decision of those nations who have chosen to join the ICC; but they in turn must respect our decision not to join the ICC." Making allowances for an armed invasion within this anti-ICC Act-even if the likelihood for invasion is small-does not 'respect the decision' of our NATO allies to join the Court.

ASPA seriously undermines the essential alliances forged in the war against terrorism and angers voters who want to remain engaged in the international community.

I urge you to do everything in your power to remove this atrocious legislation from the Supplemental Appropriations Bill, now in conference. I trust that you will take these matters very seriously. This is an issue that will influence my vote in November.

Thank you.

Sincerely,

Benjamin B. Ferencz

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