Title 22, Foreign Relations and IntercourseRelease 119-110

§7401 Restriction Relating to United States Accession to the International Criminal Court

Title 22 › CHAPTER 81 — INTERNATIONAL CRIMINAL COURT › SUBCHAPTER I — GENERAL PROVISIONS › § 7401

Last updated Sep 22, 2026|Official source

Summary

The United States cannot join the International Criminal Court unless it joins by a treaty approved by the Senate on or after November 29, 1999. No federal money may be used to support the Court unless the U.S. has become a party by that treaty; the Court is the one created by the Rome Statute on July 17, 1998.

Full Legal Text

Title 22, §7401

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Prohibition
The United States shall not become a party to the International Criminal Court except pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after November 29, 1999.
(b)Prohibition on use of funds
None of the funds authorized to be appropriated by this or any other Act may be obligated for use by, or for support of, the International Criminal Court unless the United States has become a party to the Court pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after November 29, 1999.
(c)International Criminal Court defined
In this section, the term “International Criminal Court” means the court established by the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly set out as a note under section 262–1 of this title.

Statutory Notes and Related Subsidiaries

Short Title

Pub. L. 107–206, title II, § 2001, Aug. 2, 2002, 116 Stat. 899, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘American Servicemembers’ Protection Act of 2002’.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 7401

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110