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Title 22, Foreign Relations and IntercourseRelease 119-110

§262–1 Restriction Relating to United States Accession to Any New International Criminal Tribunal

Title 22 › CHAPTER 7 — INTERNATIONAL BUREAUS, CONGRESSES, ETC. › § 262–1

Last updated Sep 22, 2026|Official source

Summary

The United States may not join any new international criminal court or accept its power over crimes that happen in U.S. territory or over U.S. citizens anywhere, unless approved by a treaty under Article II, section 2, clause 2 of the Constitution or by a law of Congress, each made on or after October 21, 1998. This rule covers persons, property, or acts in the United States and U.S. nationals anywhere. The United States can still share information or help. "New" means a permanent tribunal set up on or after October 21, 1998, but it does not include the Yugoslavia tribunal (May 25, 1993) or the Rwanda tribunal (November 8, 1994).

Full Legal Text

Title 22, §262–1

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Prohibition
The United States shall not become a party to any new international criminal tribunal, nor give legal effect to the jurisdiction of such a tribunal over any matter described in subsection (b), except pursuant to—
(1)a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after October 21, 1998; or
(2)any statute enacted by Congress on or after October 21, 1998.
(b)Jurisdiction described
The jurisdiction described in this section is jurisdiction over—
(1)persons found, property located, or acts or omissions committed, within the territory of the United States; or
(2)nationals of the United States, wherever found.
(c)Statutory construction
Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal.
(d)“New international criminal tribunal” defined
The term “new international criminal tribunal” means any permanent international criminal tribunal established on or after October 21, 1998, and does not include—
(1)the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25, 1993; or
(2)the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Restriction Relating to United States Accession to the International Criminal Court Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 705], Nov. 29, 1999, 113 Stat. 1536, 1501A–460, formerly set out as a note under this section, was transferred and is classified to section 7401 of this title. Prohibition on Extradition or Transfer of United States Citizens to the International Criminal Court Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 706], Nov. 29, 1999, 113 Stat. 1536, 1501A–461, formerly set out as a note under this section, was transferred and is classified to section 7402 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 262–1

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110