Article 98 Agreements and Sanctions on U.S. Foreign Aid to Latin America
Publication Date: April 2006
Publisher: Library of Congress. Congressional Research Service
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Research Area: International relations
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Abstract:
In July 2002, the Rome Statute that created the International Criminal Court (ICC), the first permanent world court created to judge cases involving serious human rights abuses, entered into force. The United States is not a party to the ICC and does not recognize its jurisdiction over U.S. citizens. The Bush Administration has sought bilateral agreements worldwide to exempt U.S. citizens from ICC prosecution, so-called "Article 98 agreements."
There has been strong bipartisan support for legislation aimed at protecting U.S. soldiers and civilian officials from the jurisdiction of the ICC and sanctioning some foreign assistance to governments of countries that are parties to the ICC and that do not have Article 98 agreements with the United States. In 2002, Congress passed the American Servicemembers' Protection Act or ASPA (P.L. 107-206, title II), which prohibits military assistance to countries that are party to the ICC and that do not have Article 98 agreements. The Nethercutt Amendment to the FY2005 Consolidated Appropriations Act (H.R. 4818/P.L. 108-447) and FY2006 Foreign Operations Appropriations Act (H.R. 3057/P.L. 109-102) prohibited some economic assistance to the governments of those same countries that do not have Article 98 agreements. Twelve Latin American countries (including Brazil, Bolivia, Ecuador, and Mexico) have been denied U.S. foreign assistance as a result.
Some Members of Congress and Bush Administration officials have expressed concerns about the unintended effects of these sanctions on U.S. relations with Latin America. Policymakers are considering some options to mitigate these effects without undermining ASPA or diplomatic efforts to secure Article 98 agreements.
For more information on U.S. policy with respect to the ICC, see CRS Report RL31495, U.S. Policy Regarding the International Criminal Court, by Jennifer Elsea. This report will be updated periodically.