§7422 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President can allow certain U.S. bans on dealing with the International Criminal Court for a single period of 1 year if, at least 15 days before doing so, he notifies the appropriate congressional committees and reports that the Court has a binding agreement. That agreement must bar the Court from claiming jurisdiction over covered United States persons, covered allied persons, and individuals who used to be such persons for actions done in an official role, and must guarantee those people will not be arrested, detained, prosecuted, or imprisoned by the Court. The President may renew the waiver for additional 1-year periods if he again notifies Congress at least 15 days ahead and reports that the Court still follows that agreement and has not taken steps to arrest, detain, prosecute, or imprison those protected people. The President can also lift other limits so the United States can help the Court investigate or prosecute a named person, but only if the main waiver is in effect, there is reason to believe the named person committed the crime, it is in the U.S. national interest, and the investigation will not target the protected U.S. or allied persons. Those specific waivers end if the main waiver expires and is not renewed. All of these U.S. bans stop applying if the United States joins the International Criminal Court by a treaty made under the Constitution.

Title 22, §7422

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The 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)The 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)The President is authorized to waive the prohibitions and requirements of section 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)Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and requirements of section 7423 and 7425 of this title shall terminate at any time that a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of section 7424 of this title expires and is not extended pursuant to subsection (b).

(e)The prohibitions and requirements of section 7423, 7424, and 7425 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsecs. (a), (b). Pub. L. 110–181, § 1212(b)(1)(A), (B), substituted “section 7424” for “section 7424 and 7426” in heading and text. Subsecs. (c)(2)(A), (d). Pub. L. 110–181, § 1212(b)(1)(C), (D), substituted “section 7424” for “section 7424 and 7426”. Subsec. (e). Pub. L. 110–181, § 1212(b)(1)(E), substituted “and 7425” for “7425, and 7426”.

§7422 Waiver and termination of prohibitions of this subchapter

Summary

Title 22, §7422

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata