§7423 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

Bars U.S. federal, state, and local courts and agencies from helping the International Criminal Court (ICC). It only applies to the ICC and does not apply to special U.N. tribunals set up for a particular country or conflict before or after August 2, 2002. It also does not stop actions allowed under section 7427 or the United States from saying what its policy is. No U.S. court or government agency may answer ICC requests under the Rome Statute, pass along or carry out ICC letters rogatory or other ICC requests, extradite or help transfer anyone to the ICC (including U.S. citizens and lawful permanent residents), or give any support to the ICC. Federal money may not be used to help the ICC investigate, arrest, detain, extradite, or prosecute a U.S. citizen or permanent resident. The United States must use its treaty and agreement powers to stop U.S. legal assistance from being used by the ICC. ICC agents may not do investigative work in the U.S. or its territories, except for work only about foreign people tied to the Situation in Ukraine and only if the Attorney General agrees.

Title 22, §7423

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)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)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)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)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)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)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)(1)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (h). Pub. L. 117–328 designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Rule of

Construction

Pub. L. 117–328, div. K, title VII, § 7073(c), Dec. 29, 2022, 136 Stat. 5092, provided that: “Nothing in this section [amending this section and section 7433 of this title] may be construed to modify the existing roles or authorities of any Federal agency or official.”

§7423 Prohibition on cooperation with the International Criminal Court