, where the ICC was based until 2015 The United States is not a member of the International Criminal Court (ICC). The American Service-Members' Protection Act (ASPA) authorizes the
U.S. President 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 nicknamed the Hague Invasion Act, since the act would allow the president to order military action in
The Hague, the seat of the ICC, to prevent U.S. or allied officials and military personnel from being prosecuted or detained by the ICC. 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
U.S. 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. Section 2008 of the ASPA 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
U.S. Armed Forces, elected or appointed officials of the
U.S. Government, and other persons employed by, or working on behalf of, the U.S. 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 or a
major non-NATO ally, including
Australia,
Egypt,
Israel,
Japan,
Argentina,
South Korea, and
New Zealand). The ASPA prohibits federal, state, and local governments and agencies (including courts and
law enforcement agencies) from assisting the ICC. For example, it prohibits the
extradition of any person from the U.S. to the ICC; it prohibits the transfer of
classified national security information and law enforcement information to the ICC; and it prohibits agents of the court from conducting investigations in the U.S. The ASPA also prohibits U.S. military aid to
countries that are party to the ICC. However, exceptions are allowed for aid to
NATO members,
major non-NATO allies,
Taiwan, and countries that have entered into "
Article 98 agreements", agreeing not to hand over U.S. nationals to the ICC. Additionally, the ASPA does not prohibit the U.S. from assisting in the search and capture of foreign nationals wanted for prosecution by the ICC, specifically naming
Saddam Hussein,
Slobodan Milošević,
Omar al-Bashir, and
Osama bin Laden as examples. ==Reception==