{ "id": "RL31437", "type": "CRS Report", "typeId": "REPORTS", "number": "RL31437", "active": false, "source": "EveryCRSReport.com", "versions": [ { "source": "EveryCRSReport.com", "id": 101264, "date": "2002-06-05", "retrieved": "2016-05-24T20:09:33.259941", "title": "International Criminal Court: Overview and Selected Legal Issues", "summary": "On April 11, 2002, the Rome Statute of the International Criminal Court received its sixtieth\nratification, meaning it will come into effect July 1, 2002, establishing the first global permanent\ninternational court with jurisdiction to prosecute individuals for \"the most serious crimes of concern\nto the international community.\" The United Nations, many human rights organizations, and most\ndemocratic nations have expressed support for the new court. The Bush Administration firmly\nopposes it and has formally renounced the U.S. obligations under the treaty. At the same time,\nhowever, the Administration has stressed that the United States shares the goal of the ICC's\nsupporters -- promotion of the rule of law -- and does not intend to take any action to undermine the\nICC.\n The primary objection given by the United States in opposition to the treaty is the ICC's\npossible assertion of jurisdiction over U.S. soldiers charged with \"war crimes\" resulting from\nlegitimate uses of force. The main issue faced by the current Congress is whether to adopt a policy\naimed at preventing the ICC from becoming effective or whether to continue contributing to the\ndevelopment of the ICC in order to improve it.\n This report provides an historical background of the negotiations for the Rome Statute, outlines\nthe structure of the ICC as contained in the final Statute, and describes the jurisdiction of the ICC. \nThe report identifies the specific crimes enumerated in the Rome Statute as supplemented by the\ndraft elements of crime. A discussion of procedural safeguards follows, including reference to the\ndraft procedural rules. The report then discusses the implications for the United States as a\nnon-ratifying country when the ICC comes into being, and outlines some legislation enacted and\nproposed to regulate U.S. relations with the ICC, including versions of the American\nServicemembers' Protection Act (ASPA) contained in H.R. 1646 and H.R. 4775 , the American Servicemember and Citizen Protection Act, H.R. 4169 , and the\nAmerican Citizens' Protection and War Criminal Prosecution Act of 2001, S. 1296 / H.R. 2699 .", "type": "CRS Report", "typeId": "REPORTS", "active": false, "formats": [ { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/RL31437", "sha1": "01ae32cf6aae02199ac6a3821656322e34396527", "filename": "files/20020605_RL31437_01ae32cf6aae02199ac6a3821656322e34396527.pdf", "images": null }, { "format": "HTML", "filename": "files/20020605_RL31437_01ae32cf6aae02199ac6a3821656322e34396527.html" } ], "topics": [] } ], "topics": [ "American Law", "Foreign Affairs", "Intelligence and National Security" ] }