The American Service-Members’ Protection Act (ASPA) was enacted on 2 August 2002. It is known informally as The Hague Invasion Act, because it authorises the US President to use “all means necessary and appropriate” to free US and allied personnel detained by or on behalf of the International Criminal Court — which sits in The Hague.

Who it covers

The authority extends to “covered United States persons” — members of the US armed forces, elected or appointed officials of the US government, and others employed by or working on behalf of that government.

It also extends to “covered allied persons” — military personnel, elected or appointed officials, and others employed by or working on behalf of the government of a NATO member country, or of a major non-NATO ally, including Australia, Egypt, Israel, Japan, Argentina, the Republic of Korea and New Zealand.

Why it is worth knowing

Discussion of the ICC often proceeds as though its authority were universally accepted and merely slow to act. It is worth knowing that one permanent member of the Security Council legislated, more than twenty years ago, for the use of force against the Court’s custody — and extended that protection by name to several of its allies.

American Service-Members’ Protection Act — background and full text references.

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Shared by the South African Muslim Network (SAMNET) in the interest of educating the public about international law and justice.