The American Service-Members' Protection Act (ASPA, Title 2 of Pub.L. 107–206, H.R. 4775, 116 Stat. 820, enacted August 2, 2002) is a United States federal law that aims "to protect United States military personnel and other elected and appointed officials of the United States government against criminal prosecution by an international criminal court to which the United States is not party." Introduced by U.S. Senator Jesse Helms (R-NC) and U.S. Representative Tom DeLay (R-TX) it was an amendment to the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States (H.R. 4775). The bill was signed into law by U.S. President George W. Bush on August 2, 2002.
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Title II: American Servicemembers' Protection Act - American Servicemembers' Protection Act of 2002 - Prohibits U.S. cooperation with the International Criminal Court. Specifies restrictions on: (1) participation by covered U.S. persons in United Nations (UN) peacekeeping and peace enforcement operations; (2) transfer to the Court of U.S. classified national security and law enforcement information; and (3) the provision of U.S. military assistance, with specified exceptions, to the government of a country that is a party to the Court.
(Sec. 2003) Prescribes conditions for a presidential waiver of the prohibitions and requirements of this Act.
(Sec. 2004) Declares that the requirements of this Act shall not prohibit: (1) any action authorized by the President to bring about the release from captivity of any U.S. military personnel (covered U.S. persons) and certain other persons (covered allied persons) who are being detained or imprisoned against their will by or on behalf of the Court; or (2) communication by the United States of its policy with respect to a matter.
(Sec. 2008) Authorizes the President to use all means necessary (including the provision of legal assistance) to bring about the release of covered U.S. persons and covered allied persons held captive by, on behalf, or at the request of the Court.
(Sec. 2009) Urges the President to report to appropriate congressional committees on the degree to which: (1) each military alliance to which the United States is a party may place U.S. armed forces under foreign control subject to the Court's jurisdiction; and (2) U.S. armed forces engaged in military operations pursuant to such alliance may be exposed to greater risks as a result of being placed under such foreign control.
(Sec. 2010) Authorizes funds withheld from the U.S. share of assessments to the UN or other international organizations pursuant to the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 to be transferred to the Embassy Security, Construction and Maintenance Account of the Department of State.
(Sec. 2011) Sets forth the relationship between the President's exercise of his constitutional authority as Commander in Chief of the Armed Forces, this Act, and actions taken with respect to a specific matter involving the Court, requiring congressional notification as specified.
(Sec. 2014) Amends the Department of Defense Appropriations Act, 2002 to repeal the limitation on use of division A funds to provide assistance to the International Criminal Court or its prosecutorial activity.
(Sec. 2015) Permits the United States to continue rendering assistance to international efforts to bring to justice Saddam Hussein, Slobodan Milosevic, Osama bin Laden, other members of Al Qaeda, leaders of Islamic Jihad, and other foreign nationals accused of genocide, war crimes, or crimes against humanity.