U.S. halts military aid to 35 countries

The United States yesterday suspended more than $47 million in military aid to 35 countries for refusing to protect Americans on their territory from prosecution by the International Criminal Court.

The penalized nations include six new U.S. allies in Central and Eastern Europe that are expected to join NATO next year, as well as Colombia, whose government is fighting a war against drugs and leftist guerrillas.

“This is a reflection of the United States’ priorities to protect the men and women in our military,” White House Press Secretary Ari Fleischer told reporters.

“If delivering aid to those states endangers America’s servicemen and servicewomen, the president’s first priority is with the servicemen and servicewomen,” he said.

Under a 2002 law known as the American Servicemembers’ Protection Act, all 90 countries that have ratified the ICC Rome treaty are subject to suspension of U.S. military aid.

America’s 18 fellow NATO members, Taiwan, and nine nations that Washington calls “major non-NATO allies” — Israel, Egypt, Australia, New Zealand, South Korea, Japan, Jordan, Argentina and Bahrain — are exempted by the law.

The law also gives the president the authority to grant waivers to countries that have signed bilateral agreements with the United States.

Article 98 of the treaty establishing the ICC allows member states to enter into such accords with other nations to protect their citizens from the tribunal’s jurisdiction.

Citing that provision, as well as discretionary power to waive the suspension for nations he deems crucial to U.S. interests, President Bush issued exemptions for 22 countries.

They include Afghanistan, Bolivia, Bosnia-Herzegovina, Honduras, Macedonia, Nigeria, Panama, Romania and Sierra Leone.

Of the 35 states blocked from receiving U.S. military aid, six are NATO invitees — Bulgaria, Estonia, Latvia, Lithuania, Slovakia and Slovenia — that have chosen to adopt the pro-ICC position of the European Union, another organization they are in line to join.

That penalized group also includes Brazil, Costa Rica, Colombia, Croatia, Ecuador, Paraguay, Peru, Serbia and Montenegro, South Africa, Tanzania, Uruguay and Venezuela.

Those nations had not signed Article 98 agreements with the United States by the deadline yesterday, set by the law, but the Bush administration expressed confidence that many of them will do so by Oct. 1, the start of the next fiscal year.

The aid suspension affects $47 million in U.S. foreign military financing and $613,000 in international military and educational training this year, State Department spokesman Richard Boucher told reporters.

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