1. U.S. Code
  2. title 22
  3. chapter 81
  4. subchapter II
  5. § 7422

Collapse to view only § 7422. Waiver and termination of prohibitions of this subchapter

§ 7421. Findings
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, meeting in Rome, Italy, adopted the “Rome Statute of the International Criminal Court”. The vote on whether to proceed with the statute was 120 in favor to 7 against, with 21 countries abstaining. The United States voted against final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed the Rome Statute and 30 had ratified it. Pursuant to Article 126 of the Rome Statute, the statute will enter into force on the first day of the month after the 60th day following the date on which the 60th country deposits an instrument ratifying the statute.
(3) Since adoption of the Rome Statute, a Preparatory Commission for the International Criminal Court has met regularly to draft documents to implement the Rome Statute, including Rules of Procedure and Evidence, Elements of Crimes, and a definition of the Crime of Aggression.
(4) During testimony before the Congress following the adoption of the Rome Statute, the lead United States negotiator, Ambassador David Scheffer stated that the United States could not sign the Rome Statute because certain critical negotiating objectives of the United States had not been achieved. As a result, he stated: “We are left with consequences that do not serve the cause of international justice.”.
(5) Ambassador Scheffer went on to tell the Congress that: “Multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the Court’s jurisdiction even if the country of the individual peacekeeper has not joined the treaty. Thus, the treaty purports to establish an arrangement whereby United States armed forces operating overseas could be conceivably prosecuted by the international court even if the United States has not agreed to be bound by the treaty. Not only is this contrary to the most fundamental principles of treaty law, it could inhibit the ability of the United States to use its military to meet alliance obligations and participate in multinational operations, including humanitarian interventions to save civilian lives. Other contributors to peacekeeping operations will be similarly exposed.”.
(6) Notwithstanding these concerns, President Clinton directed that the United States sign the Rome Statute on December 31, 2000. In a statement issued that day, he stated that in view of the unremedied deficiencies of the Rome Statute, “I will not, and do not recommend that my successor submit the Treaty to the Senate for advice and consent until our fundamental concerns are satisfied”.
(7) Any American prosecuted by the International Criminal Court will, under the Rome Statute, be denied procedural protections to which all Americans are entitled under the Bill of Rights to the United States Constitution, such as the right to trial by jury.
(8) Members of the Armed Forces of the United States should be free from the risk of prosecution by the International Criminal Court, especially when they are stationed or deployed around the world to protect the vital national interests of the United States. The United States Government has an obligation to protect the members of its Armed Forces, to the maximum extent possible, against criminal prosecutions carried out by the International Criminal Court.
(9) In addition to exposing members of the Armed Forces of the United States to the risk of international criminal prosecution, the Rome Statute creates a risk that the President and other senior elected and appointed officials of the United States Government may be prosecuted by the International Criminal Court. Particularly if the Preparatory Commission agrees on a definition of the Crime of Aggression over United States objections, senior United States officials may be at risk of criminal prosecution for national security decisions involving such matters as responding to acts of terrorism, preventing the proliferation of weapons of mass destruction, and deterring aggression. No less than members of the Armed Forces of the United States, senior officials of the United States Government should be free from the risk of prosecution by the International Criminal Court, especially with respect to official actions taken by them to protect the national interests of the United States.
(10) Any agreement within the Preparatory Commission on a definition of the Crime of Aggression that usurps the prerogative of the United Nations Security Council under Article 39 of the charter of the United Nations to “determine the existence of any . … act of aggression” would contravene the charter of the United Nations and undermine deterrence.
(11) It is a fundamental principle of international law that a treaty is binding upon its parties only and that it does not create obligations for nonparties without their consent to be bound. The United States is not a party to the Rome Statute and will not be bound by any of its terms. The United States will not recognize the jurisdiction of the International Criminal Court over United States nationals.
(Pub. L. 107–206, title II, § 2002, Aug. 2, 2002, 116 Stat. 899.)

CITE AS: 22 USC 7421

§ 7422. Waiver and termination of prohibitions of this subchapter
(a) Authority to initially waive section 7424The President is authorized to waive the prohibitions and requirements of section 7424 of this title for a single period of 1 year. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
(1) notifies the appropriate congressional committees of the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional committees that the International Criminal Court has entered into a binding agreement that—
(A) prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered United States persons or covered allied persons; and
(B) ensures that no person described in subparagraph (A) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court.
(b) Authority to extend waiver of section 7424The President is authorized to waive the prohibitions and requirements of section 7424 of this title for successive periods of 1 year each upon the expiration of a previous waiver pursuant to subsection (a) or this subsection. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
(1) notifies the appropriate congressional committees of the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional committees that the International Criminal Court—
(A) remains party to, and has continued to abide by, a binding agreement that—
(i) prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:(I) covered United States persons;(II) covered allied persons; and(III) individuals who were covered United States persons or covered allied persons; and
(ii) ensures that no person described in clause (i) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court; and
(B) has taken no steps to arrest, detain, prosecute, or imprison any person described in clause (i) of subparagraph (A).
(c) Authority to waive sections 7423 and 7425 with respect to an investigation or prosecution of a named individualThe President is authorized to waive the prohibitions and requirements of sections 7423 and 7425 of this title to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecution of a named individual by the International Criminal Court. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
(1) notifies the appropriate congressional committees of the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional committees that—
(A) a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of section 7424 of this title is in effect;
(B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the International Criminal Court’s investigation or prosecution;
(C) it is in the national interest of the United States for the International Criminal Court’s investigation or prosecution of the named individual to proceed; and
(D) in investigating events related to actions by the named individual, none of the following persons will be investigated, arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court with respect to actions undertaken by them in an official capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered United States persons or covered allied persons.
(d) Termination of waiver pursuant to subsection (c)
(e) Termination of prohibitions of this subchapter
(Pub. L. 107–206, title II, § 2003, Aug. 2, 2002, 116 Stat. 901; Pub. L. 110–181, div. A, title XII, § 1212(b)(1), Jan. 28, 2008, 122 Stat. 371.)

CITE AS: 22 USC 7422

§ 7423. Prohibition on cooperation with the International Criminal Court
(a) ApplicationThe provisions of this section—
(1) apply only to cooperation with the International Criminal Court and shall not apply to cooperation with an ad hoc international criminal tribunal established by the United Nations Security Council before or after August 2, 2002, to investigate and prosecute war crimes committed in a specific country or during a specific conflict; and
(2) shall not prohibit—
(A) any action permitted under section 7427 of this title; or
(B) communication by the United States of its policy with respect to a matter.
(b) Prohibition on responding to requests for cooperation
(c) Prohibition on transmittal of letters rogatory from the International Criminal Court
(d) Prohibition on extradition to the International Criminal Court
(e) Prohibition on provision of support to the International Criminal Court
(f) Prohibition on use of appropriated funds to assist the International Criminal Court
(g) Restriction on assistance pursuant to mutual legal assistance treaties
(h) Prohibition on investigative activities of agents
(1) In general
(2) ExceptionThe prohibition under paragraph (1) shall not apply with respect to investigative activities that—
(A) relate solely to investigations and prosecutions of foreign persons for crimes within the jurisdiction of the International Criminal Court related to the Situation in Ukraine; and
(B) are undertaken in concurrence with the Attorney General.
(Pub. L. 107–206, title II, § 2004, Aug. 2, 2002, 116 Stat. 902; Pub. L. 117–328, div. K, title VII, § 7073(a), Dec. 29, 2022, 136 Stat. 5092.)

CITE AS: 22 USC 7423

§ 7424. Restriction on United States participation in certain United Nations peacekeeping operations
(a) Policy
(b) Restriction
(c) Certification
The certification referred to in subsection (b) is a certification by the President that—
(1) members of the Armed Forces of the United States are able to participate in the peacekeeping or peace enforcement operation without risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court because, in authorizing the operation, the United Nations Security Council permanently exempted, at a minimum, members of the Armed Forces of the United States participating in the operation from criminal prosecution or other assertion of jurisdiction by the International Criminal Court for actions undertaken by them in connection with the operation;
(2) members of the Armed Forces of the United States are able to participate in the peacekeeping or peace enforcement operation without risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court because each country in which members of the Armed Forces of the United States participating in the operation will be present either is not a party to the International Criminal Court and has not invoked the jurisdiction of the International Criminal Court pursuant to Article 12 of the Rome Statute, or has entered into an agreement in accordance with Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against members of the Armed Forces of the United States present in that country; or
(3) the national interests of the United States justify participation by members of the Armed Forces of the United States in the peacekeeping or peace enforcement operation.
(Pub. L. 107–206, title II, § 2005, Aug. 2, 2002, 116 Stat. 903.)

CITE AS: 22 USC 7424

§ 7425. Prohibition on direct or indirect transfer of classified national security information and law enforcement information to the International Criminal Court
(a) In general
(b) Indirect transfer
(c) Construction
(Pub. L. 107–206, title II, § 2006, Aug. 2, 2002, 116 Stat. 904.)

CITE AS: 22 USC 7425

§ 7426. Repealed. Pub. L. 110–181, div. A, title XII, § 1212(a), Jan. 28, 2008, 122 Stat. 371

CITE AS: 22 USC 7426

§ 7427. Authority to free members of the Armed Forces of the United States and certain other persons detained or imprisoned by or on behalf of the International Criminal Court
(a) Authority
(b) Persons authorized to be freed
The authority of subsection (a) shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official actions taken while the individual was a covered United States person or a covered allied person, and in the case of a covered allied person, upon the request of such government.
(c) Authorization of legal assistance
When any person described in subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned by, on behalf of, or at the request of the International Criminal Court, the President is authorized to direct any agency of the United States Government to provide—
(1) legal representation and other legal assistance to that person (including, in the case of a person entitled to assistance under section 1037 of title 10, representation and other assistance in the manner provided in that section);
(2) exculpatory evidence on behalf of that person; and
(3) defense of the interests of the United States through appearance before the International Criminal Court pursuant to Article 18 or 19 of the Rome Statute, or before the courts or tribunals of any country.
(d) Bribes and other inducements not authorized
(Pub. L. 107–206, title II, § 2008, Aug. 2, 2002, 116 Stat. 905.)

CITE AS: 22 USC 7427

§ 7428. Alliance command arrangements
(a) Report on alliance command arrangements
Not later than 6 months after August 2, 2002, the President should transmit to the appropriate congressional committees a report with respect to each military alliance to which the United States is party—
(1) describing the degree to which members of the Armed Forces of the United States may, in the context of military operations undertaken by or pursuant to that alliance, be placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court because they are nationals of a party to the International Criminal Court; and
(2) evaluating the degree to which members of the Armed Forces of the United States engaged in military operations undertaken by or pursuant to that alliance may be exposed to greater risks as a result of being placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court.
(b) Description of measures to achieve enhanced protection for members of the Armed Forces of the United States
(c) Submission in classified form
(Pub. L. 107–206, title II, § 2009, Aug. 2, 2002, 116 Stat. 906.)

CITE AS: 22 USC 7428

§ 7429. Withholdings

Funds withheld from the United States share of assessments to the United Nations or any other international organization during any fiscal year pursuant to section 7401 of this title are authorized to be transferred to the Embassy Security, Construction and Maintenance Account of the Department of State.

(Pub. L. 107–206, title II, § 2010, Aug. 2, 2002, 116 Stat. 906.)

CITE AS: 22 USC 7429

§ 7430. Application of sections 7423 and 7425 to exercise of constitutional authorities
(a) In general
(b) Notification to Congress
(1) In general
(2) Exception
(c) Construction
(Pub. L. 107–206, title II, § 2011, Aug. 2, 2002, 116 Stat. 907.)

CITE AS: 22 USC 7430

§ 7431. Nondelegation

The authorities vested in the President by sections 7422 and 7430(a) of this title may not be delegated by the President pursuant to section 301 of title 3 or any other provision of law. The authority vested in the President by section 7424(c)(3) of this title may not be delegated by the President pursuant to section 301 of title 3 or any other provision of law to any official other than the Secretary of Defense, and if so delegated may not be subdelegated.

(Pub. L. 107–206, title II, § 2012, Aug. 2, 2002, 116 Stat. 907.)

CITE AS: 22 USC 7431

§ 7432. Definitions
As used in this subchapter and in section 7402 of this title:
(1) Appropriate congressional committees
(2) Classified national security information
(3) Covered allied persons
(4) Covered United States persons
(5) Extradition
(6) International Criminal Court
(7) Major non-NATO ally
(8) Participate in any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations
(9) Party to the International Criminal Court
(10) Peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations
The term “peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations” means any military operation to maintain or restore international peace and security that—
(A) is authorized by the United Nations Security Council under chapter VI or VII of the charter of the United Nations; and
(B) is paid for from assessed contributions of United Nations members that are made available for peacekeeping or peace enforcement activities.
(11) Rome Statute
(12) Support
(Pub. L. 107–206, title II, § 2013, Aug. 2, 2002, 116 Stat. 907; Pub. L. 109–364, div. A, title XII, § 1222, Oct. 17, 2006, 120 Stat. 2423; Pub. L. 110–181, div. A, title XII, § 1212(b)(2), Jan. 28, 2008, 122 Stat. 371.)

CITE AS: 22 USC 7432

§ 7433. Assistance to international efforts
(a) Assistance
(b) Authority
(c) Notification
(Pub. L. 107–206, title II, § 2015, Aug. 2, 2002, 116 Stat. 909;

CITE AS: 22 USC 7433