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Title 22 — Foreign Relations and Intercourse

Chapter 81 — International Criminal Court

§ 7432. Definitions

Statutory text

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 .

(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.

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. Pub. L. 107–206 title II § 2013 · 116 Stat. 820

    Enacted · 22 U.S.C. § 7432

    Pub. L. 107–206, title II, § 2013, Aug. 2, 2002, 116 Stat. 907

    Source evidence

    Code source credit
    Pub. L. 107–206, title II, § 2013, Aug. 2, 2002, 116 Stat. 907

    Enacted provision · exact public law section
    SEC. 2013. DEFINITIONS. As used in this title and in section 706 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001: (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, United States Code, (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. (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 or 5 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 23 of the Arms Export Control Act (22 U.S.C. 2763).

  2. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title XII § 1222 · 120 Stat. 2083

    Struck · 22 U.S.C. § 7432(13)(A)

    Pub. L. 109–364 struck out “or 5” before “of part II”

    Source evidence

    Code amendment note
    Par. (13)(A). Pub. L. 109–364 struck out “or 5” before “of part II”.

    Enacted provision · exact public law section
    SEC. 1222. MODIFICATION OF LIMITATIONS ON ASSISTANCE UNDER THE AMERICAN SERVICEMEMBERS’ PROTECTION ACT OF 2002.   Section 2013(13)(A) of the American Servicemembers’ Protection Act of 2002 (22 U.S.C. 7432(13)(A)) is amended by striking “or 5”.

  3. National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title XII § 1212(b)(2) · 122 Stat. 3

    Struck · 22 U.S.C. § 7432(13)

    Pub. L. 110–181 struck out par. (13) which defined “United States military assistance”

    Source evidence

    Code amendment note
    Par. (13). Pub. L. 110–181 struck out par. (13) which defined “United States military assistance”.

    Enacted provision · exact public law section
    (2) in section 2013 (22 U.S.C. 7432), by striking paragraph (13).

3 of 3 references resolved to an enrolled provision

Editorial Notes

References in Text

Executive Order 12958, referred to in par. (2), which was formerly set out as a note under section 435 (now section 3161) of Title 50, War and National Defense, was revoked by Ex. Ord. No. 13526, § 6.2(g), , 75 F.R. 731.

Amendments2006–2008 · 2 rounds

2008

Par. (13). Pub. L. 110–181 struck out par. (13) which defined “United States military assistance”.

2006

Par. (13)(A). Pub. L. 109–364 struck out “or 5” before “of part II”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, .

Credits

2002–2008 · 3 acts
  1. 2002Pub. L. 107–206, title II, § 2013, , 116 Stat. 907
  2. 2006Pub. L. 109–364, div. A, title XII, § 1222, , 120 Stat. 2423
  3. 2008Pub. L. 110–181, div. A, title XII, § 1212(b)(2), , 122 Stat. 371.
Show as published

(Pub. L. 107–206, title II, § 2013, , 116 Stat. 907; Pub. L. 109–364, div. A, title XII, § 1222, , 120 Stat. 2423; Pub. L. 110–181, div. A, title XII, § 1212(b)(2), , 122 Stat. 371.)

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