Title 22, Foreign Relations and IntercourseRelease 119-110

§7402 Prohibition on Extradition or Transfer of United States Citizens to the International Criminal Court

Title 22 › CHAPTER 81 — INTERNATIONAL CRIMINAL COURT › SUBCHAPTER I — GENERAL PROVISIONS › § 7402

Last updated Sep 22, 2026|Official source

Summary

The government cannot use federal money to send a U.S. citizen to a country that must hand people over to the International Criminal Court unless that country tells the United States it will not turn the person over to the Court or gives other promises the U.S. accepts. The same rule stops the government from approving a foreign country’s plan to send a U.S. citizen to a third country that is under an obligation to surrender people to the Court, unless that third country gives the same kind of assurance. International Criminal Court — the international court named in U.S. law.

Full Legal Text

Title 22, §7402

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Prohibition on extradition
None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be used to extradite a United States citizen to a foreign country that is under an obligation to surrender persons to the International Criminal Court unless that foreign country confirms to the United States that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the United States that the country will not extradite or otherwise transfer that citizen to the International Criminal Court.
(b)Prohibition on consent to extradition by third countries
None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be used to provide consent to the extradition or transfer of a United States citizen by a foreign country to a third country that is under an obligation to surrender persons to the International Criminal Court, unless the third country confirms to the United States that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the United States that the third country will not extradite or otherwise transfer that citizen to the International Criminal Court.
(c)Definition
In this section, the term “International Criminal Court” has the meaning given the term in section 7401(c) of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Reference

Citations & Metadata

Citation

22 U.S.C. § 7402

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110