While the treaty isn't a panacea — five countries were deemed to be non-compliant or to exhibit patterns of non-compliance in this year's State Department report on the treaty — concerns are greatest with nations that haven't signed on. Last year, 634 children were abducted to countries that aren't parties to the treaty, notably Japan, Egypt and India.
Smith urged the State Department to negotiate bilateral agreements, notably with Japan. The U.S. ally has taken steps to join the treaty, but past cases — more than 300 children have been abducted to Japan over the past two decades — would not be covered.
“It's a vehicle that undoubtedly will have positive results,” Smith said. “I see no downside.”
“Well, I'm going to have to disagree with you, sir,” Jacobs answered. “We have three memoranda of understanding, with Egypt, Jordan and Lebanon. There is no enforcement mechanism and we have had no returns under those memoranda. We believe that the Hague Convention provides the best opportunity for resolving these cases.”
Answering a question from panel member David Cicilline (D-R.I.) about the wisdom of conditioning preferential trade status to cooperation on parental abductions, Jacobs used the example of Japan to explain why she thought that was a bad idea.
“The return of these children is incredibly important to us,” she said, “but I don't think we're going to sanction Japan or threaten to sanction them because that would be detrimental to our bilateral relationship.”
Cicilline then asked about whether it would make sense to condition foreign aid to progress on parental abductions with countries that are heavily reliant on U.S. assistance, such as Egypt.
That could help, Jacobs said, or “it might also mean that they won't cooperate with us at all if they feel that they're being threatened. Egypt is a country in transition and we're mightily trying to influence the direction that it takes.”
She said she's made several trips to Egypt and that the presence of some 30 American children in the country “is one of the issues that we raise constantly” but that withholding aid isn't the best solution. Instead, she called on Congress to ratify the 1996 Hague Convention on the International Protection of Children, which would mandate parties to recognize a court orders from a U.S. judge.
Correction: Amb. Jacobs brought up the example of Japan in her exchange with Rep. Cicilline. An earlier version of this post said otherwise.