Title 22 — Foreign Relations and IntercourseRelease 119-73

§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

Title 22 › Chapter CHAPTER 81— - INTERNATIONAL CRIMINAL COURT › Subchapter SUBCHAPTER II— - AMERICAN SERVICEMEMBERS’ PROTECTION › § 7427

Last updated Apr 6, 2026|Official source

Summary

The President can use any necessary methods to get someone freed if they are being held by, for, or at the request of the International Criminal Court. The power covers three groups: covered U.S. persons, covered allied persons, and people detained for official acts done while they were one of those persons (for allied persons, when their government asks). The President may order U.S. agencies to provide lawyers and legal help, turn over evidence that helps prove innocence, and represent U.S. interests before the ICC under Article 18 or 19 of the Rome Statute or in other countries’ courts. The President may not authorize paying bribes or similar incentives to obtain a release.

Full Legal Text

Title 22, §7427

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.

(b)The authority of subsection (a) 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)When any person described in subsection (b) 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)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).

Reference

Citations & Metadata

Citation

22 U.S.C. § 7427

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73