American Service-Members' Protection Act applies to jurisdiction United States of America
The American Service-Members' Protection Act (ASPA, Title 2 of Pub. L. 107–206 (text) (PDF), H.R. 4775, 116 Stat. 820, enacted August 2, 2002), known informally as the Hague Invasion Act, is a United States federal law described as "a bill 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." The text of the Act has been codified as subchapter II of chapter 81 of title 22, United States Code.
The Act gives the President power to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court".Description
The United States is not a member of the International Criminal Court (ICC). The Act authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization led to the act being colloquially nicknamed "The Hague Invasion Act", as the act allows the President to order U.S. military action, such as an invasion of The Hague, where the ICC is located, to protect American officials and military personnel from prosecution or rescue them from custody.The bill was introduced by U.S. Senator Jesse Helms (Republican from North Carolina) and U.S. Representative Tom DeLay (Republican from Texas), as 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 amendment (S.Amdt 3597) was passed 75–19 by the US Senate, with 30 Democrats and 45 Republicans voting in support. The bill was signed into law by President George W. Bush on August 2, 2002.
SEC. 2008. of the Act authorizes the President of the U.S. "to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". The subsection (b) specifies this authority shall extend to "Covered United States persons" (members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government) and "Covered allied persons" (military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally including Australia, Egypt, Israel, Japan, Argentina, the Republic of Korea, and New Zealand).