Title 22, Foreign Relations and IntercourseRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The United States must not join any new permanent international criminal tribunal or accept its authority over certain U.S. people or matters unless the U.S. agrees by a treaty under Article II, section 2, clause 2 of the Constitution or by a law passed by Congress, each made on or after October 21, 1998. That ban applies when a tribunal claims power over people or property in the United States, acts or failures that happen in the United States, or U.S. nationals anywhere. The United States may still share information, expertise, or other assistance with such tribunals. A "new international criminal tribunal" means any permanent tribunal set up on or after October 21, 1998, but it does not include the tribunal for the former Yugoslavia (U.N. Security Council Resolution 827 of May 25, 1993) or the tribunal for Rwanda (U.N. Security Council Resolution 955 of November 8, 1994).

Full Legal Text

Title 22, §262–1

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)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)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)Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal.
(d)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

Apr 5, 2026

Release point: 119-73not60