Background
One of the ABA’s primary goals is to advance the rule of law in
the world. In support of that goal, the ABA supports the ratification
and implementation of numerous treaties that would provide for universal
legal standards and structures to deal with a myriad of issues from
human rights to free trade.
During the 106th Congress, several ABA-supported treaties received
action in the Senate. The House passed H.R. 2909, implementing legislation
for the Hague Convention on Intercountry Adoption, on September
18, 2000. The Senate gave its advice and consent to ratification
of the Hague Convention and passed the implementing legislation
by voice vote on September 20. President Clinton signed the legislation
on October 6, 2000. In addition, the Senate passed the resolution
of ratification for the Inter-American Convention Against Corruption
on July 27, 2000. No implementing legislation was needed since U.S.
law already complies with the treaty provisions. President Clinton
signed the Rome Statute for an International Criminal Court (ICC)
on December 31, 2000, but did not submit it to the Senate for ratification.
Current Status
On March 7, 2002, the Senate Foreign Relations Committee held a
hearing on two optional protocols to the U.N. Convention on the
Rights of the Child -- the Optional Protocol on the Sale of
Children, Child Prostitution and Child Pornography and the Optional
Protocol on the Involvement of Children in Armed Conflict. The ABA
supports the protocols and submitted testimony urging U.S. ratification.
On May 23rd, the Committee reported both Protocols favorably to
the full Senate. On June 18, 2002, the Senate passed a resolution
of ratification for the Protocols.
In spite of the fact that the U.S. made ratification of the Convention
on the Elimination of Discrimination Against Women by the year
2000 one of its public commitments at the U.N. Conference on Women
in 1995, the full Senate has not yet taken a vote on ratification
of the treaty. The Senate Foreign Relations Committee held a hearing
on the treaty on June 13, 2002, and approved the treaty by a vote
of 12-7 on July 30, 2002.
On April 11, 2002, the Rome Statute for an International Criminal
Court received its sixtieth ratification, meaning the treaty
came into force on July 1, 2002. Citing continuing concerns with
proposed jurisdiction of the court, the Bush Administration announced
May 6, 2002, that the U.S. would “unsign” or withdraw its signature
from the statute.
The American Servicemember’s Protection Act (ASPA), legislation
to prohibit U.S. cooperation with the proposed ICC, was attached
to an emergency supplemental appropriations bill, H.R. 4775, which
was signed into law by President Bush on August 2, 2002. The bill
contains provisions prohibiting any U.S. agency from cooperating
with the court; restricting U.S. participation in U.N. peacekeeping
operations; prohibiting the extradition of persons in the U.S. to
the court; prohibiting U.S. military assistance to certain countries
ratifying the Rome Statute; and authorizing the President to use
all means necessary to free U.S. military personnel held by the
court.
Several bills have been introduced to renew fast-track trade
negotiating authority in the 107th Congress. The House narrowly
passed H.R. 3005, the Bipartisan Trade Promotion Authority Act,
by a vote of 215-214 on December 6, 2001. The Senate approved the
legislation on August 1, 2002. President Bush signed the bill into
law on August 6, 2002.
ABA Policy
The ABA supports the ratification of the Rome Statute for an International
Criminal Court, the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), and the U.N. Convention on
the Rights of the Child, as well as numerous other treaties. In
addition, the ABA supports renewal of fast-track trade negotiating
authority for the president and the provision of adequate funding
for U.S. agencies responsible for enforcing trade laws.
Key Points
- Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW)
The United States is the lone industrialized democracy and
one of only a handful of countries yet to ratify CEDAW. This
failure compromises the U.S.’s credibility as a leader for human
rights.
Women around the world are using CEDAW as a tool in their struggle
against the effects of discrimination, domestic violence, lack
of legal status and access to education, health care and credit.
Without U.S. ratification and leadership, other governments
can more easily ignore CEDAW’s mandate and their obligations
under it.
- International Criminal Court
A permanent treaty-based court is needed to end impunity for
international criminals; to serve as an alternative for prosecution
when national courts are unavailable or ineffective; to promote
peace and justice through individual accountability; to redress
the numerous inadequacies of reliance on ad hoc tribunals; and
to deter future atrocities.
- Fast-track Trade Negotiating Authority
Fast track procedures affect our foreign trading partners willingness
to negotiate by assuring them that Congress will consider the
agreements within a definite time-frame, and that trade agreements
will not be modified or “reopened” through selective amendments.
If the United States is not equipped with its most useful tool
for advancing its trade agenda, it jeopardizes its leadership
role within the shifting global economic community.
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Last Updated: November 12, 2002
Background · Current
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