§ 7423. Prohibition on cooperation with the International Criminal Court

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2002

   Pub. L. 107–206 title II § 2004 · 116 Stat. 820

   Enacted · 22 U.S.C. § 7423

   Pub. L. 107–206, title II, § 2004, Aug. 2, 2002, 116 Stat. 902

   Source evidence

   Code source credit
   Pub. L. 107–206, title II, § 2004, Aug. 2, 2002, 116 Stat. 902

   Enacted provision · exact public law section
   SEC. 2004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT. (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 the date of the enactment of this Act 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 2008; 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, United States Code, 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, United States Code, 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.

2. 2022

   Department of State, Foreign Operations, and Related Programs Appropriations Act, 2023

   Pub. L. 117–328 div. K title VII § 7073(a) · 136 Stat. 4459

   1. Amended · 22 U.S.C. § 7423(h)

      Pub. L. 117–328 designated existing provisions as par. (1)

   2. Inserted · 22 U.S.C. § 7423(h)

      Pub. L. 117–328 inserted heading

   3. Added · 22 U.S.C. § 7423(h)

      Pub. L. 117–328 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 117–328 designated existing provisions as par. (1), inserted heading, and added par. (2).

   Enacted provision · exact public law section
   (a) Exception for Certain Investigations.— Section 2004(h) of the American Servicemembers’ Protection Act of 2002 (22 U.S.C. 7423(h)) is amended— (1) by striking “Agents.—No agent” and inserting the following: “Agents.— “(1) In general.— No agent” ; and (2) by adding at the end the following new paragraph: “(2) Exception.— The 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.” .

4 of 4 references resolved to an enrolled provision