Resolution on repeal of the Hague Invasion Act proposed by Bob Bragar (Chair) and Claire Taylor (Vice Chair, DA Netherlands)

WHEREAS government-sponsored crimes ranging from the Holocaust during World War II to the genocides in Rwanda in 1994 and Darfur in 2007 require judgment and punishment by the international community,

WHEREAS the Netherlands is the oldest and one of the closest allies of the United States,

WHEREAS the International Criminal Court (“ICC”), located in The Hague, the Netherlands, is a major force for international human rights, being the first court in history specially formed to try cases of genocide, crimes against humanity, and war crimes,

WHEREAS 146 nations have joined the court or signed the treaty pertaining to the court,

WHEREAS In 2002, the US Congress passed the “American Service Members Protection Act”, commonly known as The Hague Invasion Act,

WHEREAS the Hague Invasion Act authorizes the use of military force to liberate any American held by the court, in effect being an unprecedented pre-authorized declaration of war by the United States in case an American citizen is taken under the ICC’s jurisdiction,

WHEREAS the Hague Invasion Act authorizes the United States to penalize any nation that is a member of the International Criminal Court,

WHEREAS the Hague Invasion Act has raised significant tensions among America’s allies, not least of which in the Netherlands.

RESOLVED: Democrats Abroad calls for the repeal of The Hague Invasion Act, except for those portions of the Act that require the United States to ensure, through diplomatic and judicial means, that a charged service member receives due process and the best possible legal defense.Adopted 12 April 2008, Vancouver, Canada