US (United States) Code. Title 22. Chapter 81: International Criminal Court

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 81 - INTERNATIONAL CRIMINAL COURT 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

-HEAD-

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

7401. Restriction relating to United States accession to the

International Criminal Court.

(a) Prohibition.

(b) Prohibition on use of funds.

(c) International Criminal Court defined.

7402. Prohibition on extradition or transfer of United

States citizens to the International Criminal Court.

(a) Prohibition on extradition.

(b) Prohibition on consent to extradition by third

countries.

(c) Definition.

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

7421. Findings.

7422. Waiver and termination of prohibitions of this

subchapter.

(a) Authority to initially waive sections 7424 and

7426.

(b) Authority to extend waiver of sections 7424 and

7426.

(c) Authority to waive sections 7423 and 7425 with

respect to an investigation or prosecution of

a named individual.

(d) Termination of waiver pursuant to subsection

(c).

(e) Termination of prohibitions of this subchapter.

7423. Prohibition on cooperation with the International

Criminal Court.

(a) Application.

(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.

7424. Restriction on United States participation in certain

United Nations peacekeeping operations.

(a) Policy.

(b) Restriction.

(c) Certification.

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.

7426. Prohibition of United States military assistance to

parties to the International Criminal Court.

(a) Prohibition of military assistance.

(b) National interest waiver.

(c) Article 98 waiver.

(d) Exemption.

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.

(c) Authorization of legal assistance.

(d) Bribes and other inducements not authorized.

7428. Alliance command arrangements.

(a) Report on alliance command arrangements.

(b) Description of measures to achieve enhanced

protection for members of the Armed Forces of

the United States.

(c) Submission in classified form.

7429. Withholdings.

7430. Application of sections 7423 and 7425 to exercise of

constitutional authorities.

(a) In general.

(b) Notification to Congress.

(c) Construction.

7431. Nondelegation.

7432. Definitions.

7433. Assistance to international efforts.

-End-

-CITE-

22 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

SUBCHAPTER I - GENERAL PROVISIONS

-End-

-CITE-

22 USC Sec. 7401 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7401. Restriction relating to United States accession to the

International Criminal Court

-STATUTE-

(a) Prohibition

The United States shall not become a party to the International

Criminal Court except pursuant to a treaty made under Article II,

section 2, clause 2 of the Constitution of the United States on or

after November 29, 1999.

(b) Prohibition on use of funds

None of the funds authorized to be appropriated by this or any

other Act may be obligated for use by, or for support of, the

International Criminal Court unless the United States has become a

party to the Court pursuant to a treaty made under Article II,

section 2, clause 2 of the Constitution of the United States on or

after November 29, 1999.

(c) International Criminal Court defined

In this section, the term "International Criminal Court" means

the court established by the Rome Statute of the International

Criminal Court, adopted by the United Nations Diplomatic Conference

of Plenipotentiaries on the Establishment of an International

Criminal Court on July 17, 1998.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.

705], Nov. 29, 1999, 113 Stat. 1536, 1501A-460.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 262-1 of

this title.

-MISC1-

SHORT TITLE

Pub. L. 107-206, title II, Sec. 2001, Aug. 2, 2002, 116 Stat.

899, provided that: "This title [enacting subchapter II of this

chapter] may be cited as the 'American Servicemembers' Protection

Act of 2002'."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7402, 7429 of this title.

-End-

-CITE-

22 USC Sec. 7402 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 7402. Prohibition on extradition or transfer of United States

citizens to the International Criminal Court

-STATUTE-

(a) Prohibition on extradition

None of the funds authorized to be appropriated or otherwise made

available by this or any other Act may be used to extradite a

United States citizen to a foreign country that is under an

obligation to surrender persons to the International Criminal Court

unless that foreign country confirms to the United States that

applicable prohibitions on reextradition apply to such surrender or

gives other satisfactory assurances to the United States that the

country will not extradite or otherwise transfer that citizen to

the International Criminal Court.

(b) Prohibition on consent to extradition by third countries

None of the funds authorized to be appropriated or otherwise made

available by this or any other Act may be used to provide consent

to the extradition or transfer of a United States citizen by a

foreign country to a third country that is under an obligation to

surrender persons to the International Criminal Court, unless the

third country confirms to the United States that applicable

prohibitions on reextradition apply to such surrender or gives

other satisfactory assurances to the United States that the third

country will not extradite or otherwise transfer that citizen to

the International Criminal Court.

(c) Definition

In this section, the term "International Criminal Court" has the

meaning given the term in section 7401(c) of this title.

-SOURCE-

(Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec.

706], Nov. 29, 1999, 113 Stat. 1536, 1501A-461.)

-COD-

CODIFICATION

Section was formerly set out as a note under section 262-1 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7432 of this title.

-End-

-CITE-

22 USC SUBCHAPTER II - AMERICAN SERVICEMEMBERS'

PROTECTION 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-End-

-CITE-

22 USC Sec. 7421 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7421. Findings

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2002, Aug. 2, 2002, 116 Stat.

899.)

-MISC1-

SHORT TITLE

For short title of this subchapter as the "American

Servicemembers' Protection Act of 2002", see section 2001 of Pub.

L. 107-206, set out as a note under section 7401 of this title.

-End-

-CITE-

22 USC Sec. 7422 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7422. Waiver and termination of prohibitions of this

subchapter

-STATUTE-

(a) Authority to initially waive sections 7424 and 7426

The President is authorized to waive the prohibitions and

requirements of sections 7424 and 7426 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 sections 7424 and 7426

The President is authorized to waive the prohibitions and

requirements of sections 7424 and 7426 of this title for successive

periods of 1 year each upon the expiration of a previous waiver

pursuant to subsection (a) of this section 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 individual

The 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 this

section of the prohibitions and requirements of sections 7424

and 7426 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)

Any waiver or waivers exercised pursuant to subsection (c) of

this section of the prohibitions and requirements of sections 7423

and 7425 of this title shall terminate at any time that a waiver

pursuant to subsection (a) or (b) of this section of the

prohibitions and requirements of sections 7424 and 7426 of this

title expires and is not extended pursuant to subsection (b) of

this section.

(e) Termination of prohibitions of this subchapter

The prohibitions and requirements of sections 7423, 7424, 7425,

and 7426 of this title shall cease to apply, and the authority of

section 7427 of this title shall terminate, if the United States

becomes a party to the International Criminal Court pursuant to a

treaty made under article II, section 2, clause 2 of the

Constitution of the United States.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2003, Aug. 2, 2002, 116 Stat.

901.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7431 of this title.

-End-

-CITE-

22 USC Sec. 7423 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7423. Prohibition on cooperation with the International

Criminal Court

-STATUTE-

(a) Application

The 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

Notwithstanding section 1782 of title 28 or any other provision

of law, no United States Court, and no agency or entity of any

State or local government, including any court, may cooperate with

the International Criminal Court in response to a request for

cooperation submitted by the International Criminal Court pursuant

to the Rome Statute.

(c) Prohibition on transmittal of letters rogatory from the

International Criminal Court

Notwithstanding section 1781 of title 28 or any other provision

of law, no agency of the United States Government may transmit for

execution any letter rogatory issued, or other request for

cooperation made, by the International Criminal Court to the

tribunal, officer, or agency in the United States to whom it is

addressed.

(d) Prohibition on extradition to the International Criminal Court

Notwithstanding any other provision of law, no agency or entity

of the United States Government or of any State or local government

may extradite any person from the United States to the

International Criminal Court, nor support the transfer of any

United States citizen or permanent resident alien to the

International Criminal Court.

(e) Prohibition on provision of support to the International

Criminal Court

Notwithstanding any other provision of law, no agency or entity

of the United States Government or of any State or local

government, including any court, may provide support to the

International Criminal Court.

(f) Prohibition on use of appropriated funds to assist the

International Criminal Court

Notwithstanding any other provision of law, no funds appropriated

under any provision of law may be used for the purpose of assisting

the investigation, arrest, detention, extradition, or prosecution

of any United States citizen or permanent resident alien by the

International Criminal Court.

(g) Restriction on assistance pursuant to mutual legal assistance

treaties

The United States shall exercise its rights to limit the use of

assistance provided under all treaties and executive agreements for

mutual legal assistance in criminal matters, multilateral

conventions with legal assistance provisions, and extradition

treaties, to which the United States is a party, and in connection

with the execution or issuance of any letter rogatory, to prevent

the transfer to, or other use by, the International Criminal Court

of any assistance provided by the United States under such treaties

and letters rogatory.

(h) Prohibition on investigative activities of agents

No agent of the International Criminal Court may conduct, in the

United States or any territory subject to the jurisdiction of the

United States, any investigative activity relating to a preliminary

inquiry, investigation, prosecution, or other proceeding at the

International Criminal Court.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2004, Aug. 2, 2002, 116 Stat.

902.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7422, 7430 of this title.

-End-

-CITE-

22 USC Sec. 7424 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7424. Restriction on United States participation in certain

United Nations peacekeeping operations

-STATUTE-

(a) Policy

Effective beginning on the date on which the Rome Statute enters

into force pursuant to Article 126 of the Rome Statute, the

President should use the voice and vote of the United States in the

United Nations Security Council to ensure that each resolution of

the Security Council authorizing 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 permanently exempts, at a minimum, members of the

Armed Forces of the United States participating in such operation

from criminal prosecution or other assertion of jurisdiction by the

International Criminal Court for actions undertaken by such

personnel in connection with the operation.

(b) Restriction

Members of the Armed Forces of the United States may not

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, the creation of

which is authorized by the United Nations Security Council on or

after the date that the Rome Statute enters into effect pursuant to

Article 126 of the Rome Statute, unless the President has submitted

to the appropriate congressional committees a certification

described in subsection (c) of this section with respect to such

operation.

(c) Certification

The certification referred to in subsection (b) of this section

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.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2005, Aug. 2, 2002, 116 Stat.

903.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7422, 7431 of this title.

-End-

-CITE-

22 USC Sec. 7425 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7425. Prohibition on direct or indirect transfer of classified

national security information and law enforcement information to

the International Criminal Court

-STATUTE-

(a) In general

Not later than the date on which the Rome Statute enters into

force, the President shall ensure that appropriate procedures are

in place to prevent the transfer of classified national security

information and law enforcement information to the International

Criminal Court for the purpose of facilitating an investigation,

apprehension, or prosecution.

(b) Indirect transfer

The procedures adopted pursuant to subsection (a) of this section

shall be designed to prevent the transfer to the United Nations and

to the government of any country that is party to the International

Criminal Court of classified national security information and law

enforcement information that specifically relates to matters known

to be under investigation or prosecution by the International

Criminal Court, except to the degree that satisfactory assurances

are received from the United Nations or that government, as the

case may be, that such information will not be made available to

the International Criminal Court for the purpose of facilitating an

investigation, apprehension, or prosecution.

(c) Construction

The provisions of this section shall not be construed to prohibit

any action permitted under section 7427 of this title.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2006, Aug. 2, 2002, 116 Stat.

904.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7422, 7430 of this title.

-End-

-CITE-

22 USC Sec. 7426 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7426. Prohibition of United States military assistance to

parties to the International Criminal Court

-STATUTE-

(a) Prohibition of military assistance

Subject to subsections (b) and (c) of this section, and effective

1 year after the date on which the Rome Statute enters into force

pursuant to Article 126 of the Rome Statute, no United States

military assistance may be provided to the government of a country

that is a party to the International Criminal Court.

(b) National interest waiver

The President may, without prior notice to Congress, waive the

prohibition of subsection (a) of this section with respect to a

particular country if he determines and reports to the appropriate

congressional committees that it is important to the national

interest of the United States to waive such prohibition.

(c) Article 98 waiver

The President may, without prior notice to Congress, waive the

prohibition of subsection (a) of this section with respect to a

particular country if he determines and reports to the appropriate

congressional committees that such country has entered into an

agreement with the United States pursuant to Article 98 of the Rome

Statute preventing the International Criminal court from proceeding

against United States personnel present in such country.

(d) Exemption

The prohibition of subsection (a) of this section shall not apply

to the government of -

(1) a NATO member country;

(2) a major non-NATO ally (including Australia, Egypt, Israel,

Japan, Jordan, Argentina, the Republic of Korea, and New

Zealand); or

(3) Taiwan.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2007, Aug. 2, 2002, 116 Stat.

905.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7422 of this title.

-End-

-CITE-

22 USC Sec. 7427 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 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

-STATUTE-

(a) Authority

The President is authorized to use all means necessary and

appropriate to bring about the release of any person described in

subsection (b) of this section who is being detained or imprisoned

by, on behalf of, or at the request of the International Criminal

Court.

(b) Persons authorized to be freed

The authority of subsection (a) of this section 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) of this section 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

This section does not authorize the payment of bribes or the

provision of other such incentives to induce the release of a

person described in subsection (b) of this section.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2008, Aug. 2, 2002, 116 Stat.

905.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7422, 7423, 7425 of this

title.

-End-

-CITE-

22 USC Sec. 7428 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7428. Alliance command arrangements

-STATUTE-

(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

Not later than 1 year after August 2, 2002, the President should

transmit to the appropriate congressional committees a description

of modifications to command and operational control arrangements

within military alliances to which the United States is a party

that could be made in order to reduce any risks to members of the

Armed Forces of the United States identified pursuant to subsection

(a)(2) of this section.

(c) Submission in classified form

The report under subsection (a) of this section, and the

description of measures under subsection (b) of this section, or

appropriate parts thereof, may be submitted in classified form.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2009, Aug. 2, 2002, 116 Stat.

906.)

-End-

-CITE-

22 USC Sec. 7429 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7429. Withholdings

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2010, Aug. 2, 2002, 116 Stat.

906.)

-End-

-CITE-

22 USC Sec. 7430 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7430. Application of sections 7423 and 7425 to exercise of

constitutional authorities

-STATUTE-

(a) In general

Sections 7423 and 7425 of this title shall not apply to any

action or actions with respect to a specific matter involving the

International Criminal Court taken or directed by the President on

a case-by-case basis in the exercise of the President's authority

as Commander in Chief of the Armed Forces of the United States

under article II, section 2 of the United States Constitution or in

the exercise of the executive power under article II, section 1 of

the United States Constitution.

(b) Notification to Congress

(1) In general

Subject to paragraph (2), not later than 15 days after the

President takes or directs an action or actions described in

subsection (a) of this section that would otherwise be prohibited

under section 7423 or 7425 of this title, the President shall

submit a notification of such action to the appropriate

congressional committees. A notification under this paragraph

shall include a description of the action, a determination that

the action is in the national interest of the United States, and

a justification for the action.

(2) Exception

If the President determines that a full notification under

paragraph (1) could jeopardize the national security of the

United States or compromise a United States law enforcement

activity, not later than 15 days after the President takes or

directs an action or actions referred to in paragraph (1) the

President shall notify the appropriate congressional committees

that an action has been taken and a determination has been made

pursuant to this paragraph. The President shall provide a full

notification under paragraph (1) not later than 15 days after the

reasons for the determination under this paragraph no longer

apply.

(c) Construction

Nothing in this section shall be construed as a grant of

statutory authority to the President to take any action.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2011, Aug. 2, 2002, 116 Stat.

907.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7431 of this title.

-End-

-CITE-

22 USC Sec. 7431 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7431. Nondelegation

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2012, Aug. 2, 2002, 116 Stat.

907.)

-End-

-CITE-

22 USC Sec. 7432 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7432. Definitions

-STATUTE-

As used in this subchapter and in section 7402 of this title:

(1) Appropriate congressional committees

The term "appropriate congressional committees" means the

Committee on International Relations of the House of

Representatives and the Committee on Foreign Relations of the

Senate.

(2) Classified national security information

The term "classified national security information" means

information that is classified or classifiable under Executive

Order 12958 or a successor Executive order.

(3) Covered allied persons

The term "covered allied persons" means military personnel,

elected or appointed officials, and other persons employed by or

working on behalf of the government of a NATO member country, a

major non-NATO ally (including Australia, Egypt, Israel, Japan,

Jordan, Argentina, the Republic of Korea, and New Zealand), or

Taiwan, for so long as that government is not a party to the

International Criminal Court and wishes its officials and other

persons working on its behalf to be exempted from the

jurisdiction of the International Criminal Court.

(4) Covered United States persons

The term "covered United States persons" means members of the

Armed Forces of the United States, elected or appointed officials

of the United States Government, and other persons employed by or

working on behalf of the United States Government, for so long as

the United States is not a party to the International Criminal

Court.

(5) Extradition

The terms "extradition" and "extradite" mean the extradition of

a person in accordance with the provisions of chapter 209 of

title 18 (including section 3181(b) of such title) and such terms

include both extradition and surrender as those terms are defined

in Article 102 of the Rome Statute.

(6) International Criminal Court

The term "International Criminal Court" means the court

established by the Rome Statute.

(7) Major non-NATO ally

The term "major non-NATO ally" means a country that has been so

designated in accordance with section 517 of the Foreign

Assistance Act of 1961 [22 U.S.C. 2321k].

(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

The term "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" means to assign members of the Armed Forces of

the United States to a United Nations military command structure

as part of a 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 in which

those members of the Armed Forces of the United States are

subject to the command or operational control of one or more

foreign military officers not appointed in conformity with

article II, section 2, clause 2 of the Constitution of the United

States.

(9) Party to the International Criminal Court

The term "party to the International Criminal Court" means a

government that has deposited an instrument of ratification,

acceptance, approval, or accession to the Rome Statute, and has

not withdrawn from the Rome Statute pursuant to Article 127

thereof.

(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

The term "Rome Statute" means the Rome Statute of the

International Criminal Court, adopted by the United Nations

Diplomatic Conference of Plenipotentiaries on the Establishment

of an International Criminal Court on July 17, 1998.

(12) Support

The term "support" means assistance of any kind, including

financial support, transfer of property or other material

support, services, intelligence sharing, law enforcement

cooperation, the training or detail of personnel, and the arrest

or detention of individuals.

(13) United States military assistance

The term "United States military assistance" means -

(A) assistance provided under chapter 2 [22 U.S.C. 2311 et

seq.] or 5 [22 U.S.C. 2347 et seq.] of part II of the Foreign

Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or

(B) defense articles or defense services furnished with the

financial assistance of the United States Government, including

through loans and guarantees, under section 2763 of this title.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2013, Aug. 2, 2002, 116 Stat.

907.)

-REFTEXT-

REFERENCES IN TEXT

Executive Order 12958, referred to in par. (2), is set out as a

note under section 435 of Title 50, War and National Defense.

The Foreign Assistance Act of 1961, referred to in par. (13)(A),

is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended.

Chapters 2 and 5 of part II of the Act are classified generally to

parts II (Sec. 2311 et seq.) and V (Sec. 2347 et seq.),

respectively, of subchapter II of chapter 32 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of this title and Tables.

-End-

-CITE-

22 USC Sec. 7433 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 81 - INTERNATIONAL CRIMINAL COURT

SUBCHAPTER II - AMERICAN SERVICEMEMBERS' PROTECTION

-HEAD-

Sec. 7433. Assistance to international efforts

-STATUTE-

Nothing in this subchapter shall prohibit the United States from

rendering assistance to international efforts to bring to justice

Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members

of Al Queda, leaders of Islamic Jihad, and other foreign nationals

accused of genocide, war crimes or crimes against humanity.

-SOURCE-

(Pub. L. 107-206, title II, Sec. 2015, Aug. 2, 2002, 116 Stat.

909.)

-End-