Marilyn Musgrave on Foreign Policy
Republican Representative (CO-4)
Proponent's argument to vote Yes:Rep. HOWARD BERMAN (D, CA-28): Integrating India into a global nonproliferation regime is a positive step. Before anyone gets too sanctimonious about India's nuclear weapons program, we should acknowledge that the five recognized nuclear weapons states have not done nearly enough to fulfill their commitments under the Nuclear Nonproliferation Treaty, including making serious reductions in their own arsenals, nor in the case of the US in ratifying the Comprehensive Test Ban Treaty.
Opponent's argument to vote No:Rep. BARBARA LEE (D, CA-9): In withholding my approval, I seek not to penalize the people of India but, rather, to affirm the principle of nuclear nonproliferation. Jettisoning adherence to the international nuclear nonproliferation framework that has served the world so well for more than 30 years, as approval of the agreement before us would do, is just simply unwise. It is also reckless.
Approval of this agreement undermines our efforts to dissuade countries like Iran and North Korea from developing nuclear weapons. By approving this agreement, all we are doing is creating incentives for other countries to withdraw from the Nuclear Nonproliferation Treaty.
OFFICIAL CONGRESSIONAL SUMMARY: Prohibits the use of appropriated funds for the establishment or operation of the International Criminal Court. Declares that any action taken by or on behalf of the Court: (1) against any member of the US armed forces shall be considered an act of aggression against the US; or (2) against any US citizen or national shall be considered an offense against the law of nations.
SPONSOR'S INTRODUCTORY REMARKS: Rep. PAUL: This bill prohibits funds made available by the US Government from being used for the establishment or operation of the International Criminal Court. Perhaps the most significant part of the bill makes clear that any action taken by or on behalf of the Court against members of the US Armed Forces shall be considered an act of aggression against the US.
In May 2002, Pres. Bush took the commendable step of repudiating the Statute of the International Criminal Court. The Court is an illegitimate body even by the UN's own standards. The Statute of the International Criminal Court was enacted by the UN General Assembly, whereas according to the UN Charter, the authority to create such a body lies only in the UN Security Council.
The International Criminal Court puts US citizens in jeopardy of unlawful and unconstitutional criminal prosecution. The Court does not provide many of the Constitutional protections guaranteed every American citizen, including the right to trial by jury, the right to face your accuser, and the presumption of innocence, and the protection against double jeopardy.
Members of the US Armed Forces are particularly at risk for politically motivated arrests, prosecutions, fines, and imprisonment for acts engaged in for the protection of the US. I hope all members of this body will join me in opposing this illegitimate and illegal court.
LEGISLATIVE OUTCOME:Referred to House Committee on International Relations; never came to a vote.
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