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General Congressional Statements
   
US POLICY GENERALLY

Statement by Congressman Patrick Kennedy (RI) after the ICC issued an arrest warrant for Sudanese President Omar Hassan al-Bashir: "Today, the International Criminal Court has demonstrated its moral authority by holding accountable those who are responsible for war crimes and now the United States must demonstrate its leadership in global justice by renewing its commitment to the Court's mandate. Only then will the International Criminal Court have the tools at its disposal to prosecute and try those who commit mass murder and other crimes against humanity around the world."
Written responses by Senator Clinton (NY) to questions of the Senate Foreign Relations Committee for confirmation as US Secretary of State, January 2009 (pp. 65-66): "Whether we work toward joining or not, we will end hostility to towards the ICC, and look for opportunities to encourage effective ICC action in ways that promote US interests by bringing war criminals to justice."
Statement by Senator Leahy (VT) during a hearing of the Human Rights and the Law Subcommittee of the Senate Committee on the Judiciary, February 5, 2007: "During the last five years, America's reputation has suffered tremendously. Some of our ability to lead on human rights issues has been needlessly and carelessly squandered... And so has, I believe, our refusal to join the International Criminal Court - indeed, the Administration's efforts to undermine the Court - after our nation played a central role in the negotiations on the Rome Treaty."
Statement by Senator Cardin (MD) during a hearing of the Human Rights and the Law Subcommittee of the Senate Committee on the Judiciary, February 5, 2007: "I believe that her work [as ICTY Prosecutor], as well as the work of the new International Criminal Court (ICC), is critical to deterring future war crimes and forms a key component of the international community’s response to conflict and post-conflict situations."
Remarks by Senator Leahy (VT) to the Washington Post, published November 11, 2006, regarding debate among senior US military officials regarding the ICC: "The ICC has refuted its critics, who confidently and wrongly predicted that it would be politicized and manipulated by our enemies to prosecute US soldiers."
Statement by Senator Leahy (VT) during the Senate Appropriations Committee Hearing on Fiscal Year 2005 Emergency Supplemental, questioning Secretary of State Rice, February 17, 2005: "[Y]ou've asked for authority to spend money on an ad hoc tribunal for Sudan... Under current law, the U.S. is prohibited from spending any money on the International Criminal Court, which is perfectly capable of handling these cases. Instead, you're asking to set up a new tribunal which will cost $530 million over the next five years... you know, the Sudanese victims of violence haven't even been asked what they'd like. They would tell you if you ask them. If you ask a victim of this crime, they'll say let's go to the court that's already set up."
Statement by Senator Dodd (CT) during the Supreme Court Historical Society's meeting honoring Thomas Dodd's work at the Nuremberg tribunal," February 15, 2005: "To truly be called effective, a court must not simply punish the guilty, then disband. It must serve as a permanent reminder to any potential criminals that they, too, will be held accountable. Such a court can not only punish crimes - it can deter them. In my view, there is only one kind of institution that can ensure the kind of accountability that can prevent future war crimes - and that is a permanent court empowered to indict, prosecute, and judge international criminals. After many, many years of effort, the International Criminal Court came into existence on July 1, 2002. Unfortunately, rather than lend its support to this effort, the United States has walked away from it. I'm aware that there are complex issues that need to be resolved regarding our nation and the International Criminal Court. But I strongly believe that our nation's interests, and the world's interests, would be far better served if we worked to address those issues rather than abandoning the entire process."
Statement by Senator Clinton (NY) at the German Media Prize Dinner, February 13, 2005: "Fourth, Europe must acknowledge that the United States has global responsibilities that create unique circumstances. For example, we are more vulnerable to the misuse of an international criminal court because of the international role we play and the resentments that flow from that ubiquitous presence around the world. That does not mean, in my opinion, that the United States should walk out of the International Criminal Court. But it does mean we have legitimate concerns that the world should address, and it is fair to ask that there be sensitivity to those concerns that are really focused on the fact that the United States is active on every continent in the world. As we look to the future, there are so many opportunities for us to renew our relationship and we need to because we face so many challenges."
Statement by Senator McCain (AZ) BBC panel discussion on US Foreign Policy at the World Economic Forum in Davos, January 29, 2005: "I want us in the ICC, but I'm not satisfied that there are enough safeguards."
Statement by Representative Baldwin (WI) in Congressional Record, March 6, 2003: "I and many others around the world are shocked and dismayed by the unilateral, confrontational approach that this administration has taken in the world arena."
Remarks by Representative Bereuter (NE), 148 Cong Rec E 1291, July 18, 2002: "It is appropriate for this body and for the Administration to adamantly oppose US participation in the new court."
Remarks by Senator Dodd (CT), Congressional Record, May 13, 2002: "Whether we signed it or not, it is becoming the international rule of law, and today that court could have been stronger had we decided to remain engaged in helping frame the structure of the institution."
Remarks by Representative Eshoo (CA), 148 Cong Rec H 7189, October 08, 2002: "Although the U.S. has valid concerns about the ICC — chiefly that the ICC might become politicized and capriciously assert jurisdiction over U.S. soldiers or high officials charged with "war crimes" — our belligerent opposition to the Court also carries obvious downside risks to American leadership."
Remarks by Representative Patrick J. Kennedy (RI), Congressional Record, April 10, 2002: "I feel strongly that if we are not to ratify the Rome Treaty at this tme, at a minimum, [we] adopt a policy of constructive engagement with the court."
Remarks by Senator Leach (IA) on the United States and the Future of the International Criminal Court, 148 Cong Rec E 1630, September 19, 2002
Statement by Senator Leahy (VT) in Congressional Record, May 5, 2003: "By sitting on the sidelines, the United States is losing out on its ability to influence the structure and culture of this important new institution. Each time we refuse to join another treaty or international organization, which has become a pattern of this Administration, we erode our international leadership."
Remarks by Senator Lugar (IN) in Washington Post, January 27, 2003: "The United States has repeatedly failed to exert the leadership necessary to bring multilateral treaties in line with important U.S. interests. The result has been problematic agreements such as … the International Criminal Court Treaty, all of which lack sufficient support in the United States and divide us from our allies. Partisan posturing continues over whether to support these treaties, when the real question is why the United States — occupying a seemingly unrivaled position in the world — cannot achieve agreements that would be supported both at home and overseas."
Remarks by Representative Ron Paul (TX), Cong Rec E 2083, November 14, 2002: "If massive Iraqi civilian casualties result, as indeed is possible though not deliberate, expect more worldwide condemnation and even a U.N. resolution condemning what others will call American War Crimes. Our refusal to be subject to the International Criminal Court, while demanding other be tried in the court, will never sit well with the world community. Our position is a far cry from what it ought to be — demanding national sovereignty while promoting neutrality and friendship with all nations."
Donation request letter and "protect our servicemen" petition from Liberty Committee/Congressman Paul (TX), March 2003: "We need to tell the American people how the globalists are using the U.N. Court to take away America's sovereignty."
Remarks by Representative Nydia Velázquez (NY), 148 Cong Rec H 7309, October 09, 2002: "We may pursue justice by seeking an indictment of Saddam Hussein for war crimes in the International Criminal Court, and we must affirm our democratic values by consulting allies and working with the United Nations to resolve this crisis."
Remarks by Representative Lynn Woolsey (CA), Congressional Record, September 18, 2002: "Is it any wonder that other nations hesitate to support a first strike invasion when we in the United States ignore the same international standards that we accuse Saddam Hussein of disregarding?"

DARFUR

Statement by Congressman Alcee Hastings (FL), on the GPO website, March 12, 2009, introducing a resolution commending the International Criminal Court for issuing an arrest warrant for Sudanese President Omar Hassan Ahmad al-Bashir: "The United States, for one, needs to build on the ICC's momentum by immediately committing to an intense diplomatic effort."
Press statement by Congressman Donald Payne (NJ), on House website, March 4, 2009: "For far too long we have allowed Khartoum to get away with state-sanctioned genocide. This move by the ICC gives hope that the world will no longer look away. I hope the Obama Administration uses this opportunity to push for justice and peace in Sudan."
Press statement by Congressman Donald Payne (NJ), on AllAfrica.com website, July 15, 2008: "Yesterday's decision by the ICC to bring charges of genocide, war crimes and crimes against humanity against Bashir ought to be applauded. Bashir, for the past 5 years, and his regime have orchestrated a campaign of death, destruction, and rape against the people of Darfur and should no longer be overlooked."
Statement by Senator Richard J. Durbin (IL), Hearing of the Human Rights and the Law Subcommittee of the Senate Committee on the Judiciary, June 24, 2008: "The International Criminal Court is still a source of controversy on Capitol Hill, especially on the other side of the aisle. But the Administration and their allies have set aside their concerns because of the humanitarian crisis in Darfur and they are to be commended for doing so."
Letter by 55 representatives (T. Allen, T. Baldwin, R. Bartlett, M. Bordallo, P. Broun, M. Capuano, S. Chabot, J. Costello, D. Davis, P. DeFazio, D. DeGette, M. Doyle, K. Ellison, T. Feeney, B. Frank, T. Franks, S. Garrett, C. Gonzalez, R. Holt, M. Honda, W. Jefferson, M. Kirk, D. Kucinich, D. Lamborn, B. Lee, S. Jackson Lee, D. Loebsack, D. Lundgren, M. McCaul, T. McCotter, J. McGovern, M. McNulty, B. Miller, James Moran, Jerry Moran, J. Oberstar, D. Payne, J. Pitts, J. Porter, D. Reichert, J. Salazar, J. Saxton, J. Schakowsky, J. Schadegg, J. Schmidt, J. Shimkus, P. Stark, B. Sutton, T. Tancredo, T. Walberg, M. Waters, M. Watt, L. Westmoreland, J. Wilson, F. Wolf) urging President Bush to work through the Security Council for action on Darfur, including a benchmark that "The Government of Sudan must hand over to the ICC all indicted individuals without any delay as required by [UN Security Council] Resolution 1593." May 30, 2008.
Press statement by Senator Barack Obama (IL), on Senate website, April 23, 2008: "The US also needs to work with the International Criminal Court to ramp up the pace of indictments of those responsible for war crimes and crimes against humanity, while Khartoum must feel increased pressure to hand over those individuals already indicted by the Court."
Letter by 34 representatives (T. Allen, E. Blumenauer, S. Brown, M. Capuano, S. Chabot, Y. Clarke, J. Crowley, E. Cummings, L. Doggett, C. Fattah, E. Faleomavaega, S. Garrett, R. Hinojosa, M. Honda, W. Jefferson, E. B. Johnson, B. Lee, S. Jackson Lee, John Lewis, B. McCollum, T. McCotter, J. McGovern, M. McNulty, M. Michaud, B. Miller, J. Olver, D. Payne, C. Rangel, B. Rush, B. Sherman, C. Smith, T. Tancredo, R. Wexler, L. Woolsey) urging President Bush to adopt ten recommendations before any move toward normalization with the Government of Sudan, including that "The Government of Sudan must hand over to the International Criminal Court all indicted individuals without any delay." April 22, 2008.
Resolution H. Res. 726 passed by US House of Representatives, drawing attention to the crisis in Darfur, in particular crimes of rape and sexual violence, noting key provisions of the Rome Statute, and calling on the government of Sudan to enforce the arrest warrants issued by the ICC for Ahmad Muhammad Harun and Ali Muhammad Al Abd-Al-Raham. October 19, 2007.
Statement by Senator Richard J. Durbin (IL), Hearing of the Human Rights and the Law Subcommittee of the Senate Committee on the Judiciary, February 5, 2007: "We will discuss the status of the International Criminal Court’s Darfur investigation, and whether the federal government is doing everything it can to facilitate that investigation."
Editorial by Senator John McCain (AZ) and former Senate Majority Leader Bob Dole (KS), Washington Post, September 10, 2006, urging urgent action on the crisis in Darfur, stating that "U.S. and allied intelligence assets, including satellite technology, should be dedicated to record any atrocities that occur in Darfur so that future prosecutions can take place. We should publicly remind Khartoum that the International Criminal Court has jurisdiction to prosecute war crimes in Darfur and that Sudanese leaders will be held personally accountable for attacks on civilians."

RESPONSE TO ALLIED CONCERNS

Remarks by Senator McCain (AZ), Fox News, March 21, 2004: "I think we should open a dialogue on a variety of issues that the Europeans care about: …international criminal court, a number of economic issues that continue to divide us. In other words, don't agree with their demands, but open a dialogue on issues that are important to them." MSNBC Hardball, March 18, 2004: "We ought to probably cultivate [Europeans] a lot more. We ought to probably look at … The international criminal court and other issues that are important to them. I'm not saying cave in but work with them."
Statement by Senator Bennett (UT), Congressional Record S7844-S7847, August 1, 2002, explaining to friends and allies around the world his concerns about the ICC and expressing his belief, nevertheless, that the US should stay engaged and involved with it as an observer at the Assembly of States Parties.
Editorial by Senator Joseph I. Lieberman (CT) on President Bush's lost opportunities at the NATO Summit, November 25, 2002, asking for "understanding and compromise on issues of great importance to the Europeans and other friends around the world, such as … the international criminal court … that separate us from our closest allies and put us on the wrong side of history."

PEACEKEEPING

Press release by Rep. Henry Hyde (IL), "Hyde Opposes U.N. Criminal Jurisdiction Over Peacekeepers In Bosnia," July 1, 2002

SIGNATURE SUSPENSION

Letter from 45 members of Congress to President Bush on May 23, 2002, expressing opposition to the renunciation of the US signature on the Rome Statute
Remarks by Senator Daschle (SD), Senate Congressional Record May 7, 2002
Statement by Senator Christopher J. Dodd (CT) on the Unsigning of the International Criminal Court, May 6, 2002
Remarks by Senator Feingold (WI) in One Less Follower by Gary T. Dempsey, National Review Online; Guest Comment
Press release by Senator Hyde (IL), "Hyde Praises Decision by Bush Administration to Unsign Treaty Establishing Int'l Criminal Court, May 6, 2002
Statement of Senator Patrick Leahy (VT) on the Bush Administration's Decision to "Unsign" The Rome Treaty, May 6, 2002
Statement by Ron Paul (TX), May 9, 2002

60th RATIFICATION

Press release by Reps. Henry Hyde (IL), Zell Miller (GA), Tom Delay (TX), Jesse Helms (SC), and Bob Stump (AZ), "Hyde, others seek immunity from ICC jurisdiction for US servicemembers in un peacekeeping operations," April 11, 2002
Statement by Tom Lantos (CA), April 11, 2002
Statement by Patrick J. Kennedy (RI), April 10, 2002
Statement by Ron Paul (TX), April 11, 2002

SIGNATURE

Letter by 18 senators (B. Boxer, C. Dodd, R. Durbin, D. Feinstein, T. Harkins, E. Kennedy, J. Jeffords, J. Kerry, H. Kohl, F. Lautenberg, P. Leahy, Jo. Lieberman, D.P. Moynihan, P. Murray, P. Sarbanes, C. Schumer, A. Spector, and P. Wellstone) urging President Clinton to sign the Rome Statute, December 21, 2000
Letter by 32 representatives (T. Baldwin, S. Brown, M. Capuano, W. Delahunt, S. Farr, C. Fattah, B. Frank, M. Hinchey, T. Holden, J. Jackson, Jr., E.B. Johnson, P. Kennedy, D. Kucinich, B. Lee, S. Jackson Lee, John Lewis, C. Maloney, J. McGovern, J. Nadler, M. Owens, B. Pascrell, Jr., N. Pelosi, D. Payne, L. Roybal Allard, B. Rush, J. Schakowsky, P. Stark, J. Tierney, E. Towns, M. Waters, L. Woolsey, A. Wynn) urging President Clinton to sign the Rome Statute, December 15, 2000
       
   



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