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[DOCID: f:hc23ih.txt]






107th CONGRESS
  1st Session
H. CON. RES. 23

  Expressing the sense of the Congress that President George W. Bush 
should declare to all nations that the United States does not intend to 
   assent to or ratify the International Criminal Court Treaty, also 
 referred to as the Rome Statute of the International Criminal Court, 
and the signature of former President Clinton to that treaty should not 
                        be construed otherwise.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2001

  Mr. Paul (for himself, Mr. Goode, Mr. Jones of North Carolina, Mr. 
     Bartlett of Maryland, and Mr. Duncan) submitted the following 
     concurrent resolution; which was referred to the Committee on 
                        International Relations

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
  Expressing the sense of the Congress that President George W. Bush 
should declare to all nations that the United States does not intend to 
   assent to or ratify the International Criminal Court Treaty, also 
 referred to as the Rome Statute of the International Criminal Court, 
and the signature of former President Clinton to that treaty should not 
                        be construed otherwise.

Whereas the International Criminal Court Treaty would establish the 
        International Criminal Court as an international authority with power to 
        threaten the ability of the United States to engage in military action 
        to provide for its national defense;
Whereas former President Clinton's designee signed the International Criminal 
        Court Treaty on December 31, 2000;
Whereas the term ``crimes of aggression'', as used in the treaty, is not 
        specifically defined and therefore would, by design and effect, require 
        the United States to receive prior United Nations Security Council 
        approval and International Criminal Court confirmation before engaging 
        in military action, thereby putting United States military officers in 
        jeopardy of an International Criminal Court prosecution;
Whereas the International Criminal Court Treaty creates the possibility that 
        United States civilians, like United States military personnel, could be 
        brought before a court that bypasses the United States Government;
Whereas the people of the United States are self-governing, and they have a 
        constitutional right to be tried in accordance with the laws that their 
        elected representatives enact and to be judged by their peers and no 
        others;
Whereas the treaty would subject United States individuals who appear before the 
        International Criminal Court to trial and punishment without the rights 
        and protections that the United States Constitution guarantees, 
        including trial by a jury of one's peers, protection from double 
        jeopardy, the right to know the evidence brought against one, the right 
        to confront one's accusers, and the right to a speedy trial;
Whereas the Supreme Court stated in Missouri v. Holland, 252 U.S. 416, 433 
        (1920), Reid v. Covert, 354 U.S. 1 (1957), and DeGeofrey v. Riggs, 133 
        U.S. 258, 267 (1890) that the United States Government may not enter 
        into a treaty that contravenes prohibitory words in the United States 
        Constitution because the treaty power does not authorize what the 
        Constitution forbids;
Whereas the 1969 Vienna Convention on the Law of Treaties provides that a party 
        is not bound to a treaty unless it has consented to be bound;
Whereas the International Criminal Court Treaty breaks substantially with 
        accepted norms of international law because it extends its jurisdiction 
        even to the nationals of countries that do not sign and ratify the 
        treaty;
Whereas the International Criminal Court would be empowered unilaterally to 
        investigate, try, and punish certain crimes, contrary to the current 
        international norm of affording countries the primary responsibility for 
        punishing these crimes;
Whereas approval of the International Criminal Court Treaty is in fundamental 
        conflict with the constitutional oaths of the President and Senators, 
        because the United States Constitution clearly provides that ``[a]ll 
        legislative powers shall be vested in a Congress of the United States'', 
        and vested powers cannot be transferred;
Whereas each of the 4 types of offenses over which the International Criminal 
        Court may obtain jurisdiction is within the legislative and judicial 
        authority of the United States;
Whereas the International Criminal Court Treaty creates a supranational court 
        that would exercise the judicial power constitutionally reserved only to 
        the United States and thus is in direct violation of the United States 
        Constitution;
Whereas in order to make a treaty, the United States Constitution requires the 
        President to obtain the advice and consent of the Senate and the 
        concurrence of the Senate by a \2/3\ vote; and
Whereas former President Clinton signed the International Criminal Court Treaty 
        but expressed his intention not to submit the treaty to the Senate, 
        thereby rendering his act procedurally inadequate and unconstitutional: 
        Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) the International Criminal Court Treaty, also referred 
        to as the Rome Statute of the International Criminal Court, 
        undermines United States sovereignty and security, conflicts 
        with the United States Constitution, contradicts customs of 
        international law, and violates the inalienable rights of self-
        government, individual liberty, and popular sovereignty; and
            (2) President George W. Bush should declare to all nations 
        that the United States does not intend to assent to or ratify 
        the treaty and the signature of former President Clinton to the 
        treaty should not be construed otherwise.
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