22 U.S.C. § 7422: Waiver and termination of…

Summary

The President can suspend the law’s ban on certain U.S. dealings with the International Criminal Court for one year at a time. Before doing this, the President must tell the right congressional committees at least 15 days ahead and must report that the Court has a binding deal that stops it from trying, arresting, detaining, prosecuting, or jailing three groups of people: covered U.S. persons, covered allied persons, and people who used to be in those groups. The President may renew the one-year suspension again and again if the Court stays in that deal and has not tried to arrest or punish any of those people, with the same 15-day notice and report. The President can also lift other related bans so the U.S. can help the Court investigate or prosecute one named person. For that, the President must give 15 days’ notice and report that a one-year suspension is already in effect, that there is reason to believe the named person committed the crimes, and that it is in the U.S. national interest to let the case go forward. The President must also say that none of the covered U.S. or allied people will be targeted by the Court for official acts. Any narrow waiver for a named person ends if the one-year suspension is allowed to expire. All these bans stop applying if the United States becomes a party to the International Criminal Court by a treaty.

Title 22, §7422

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Authority to initially waive section 7424

The President is authorized to waive the prohibitions and requirements of section 7424 of this title for a single period of 1 year. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—

(1)notifies the appropriate congressional committees of the intention to exercise such authority; and

(2)determines and reports to the appropriate congressional committees that the International Criminal Court has entered into a binding agreement that—

(A)prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:

(i)covered United States persons;

(ii)covered allied persons; and

(iii)individuals who were covered United States persons or covered allied persons; and

(B)ensures that no person described in subparagraph (A) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court.

(b)Authority to extend waiver of section 7424

The President is authorized to waive the prohibitions and requirements of section 7424 of this title for successive periods of 1 year each upon the expiration of a previous waiver pursuant to subsection (a) or this subsection. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—

(1)notifies the appropriate congressional committees of the intention to exercise such authority; and

(2)determines and reports to the appropriate congressional committees that the International Criminal Court—

(A)remains party to, and has continued to abide by, a binding agreement that—

(i)prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:

(I)covered United States persons;

(II)covered allied persons; and

(III)individuals who were covered United States persons or covered allied persons; and

(ii)ensures that no person described in clause (i) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court; and

(B)has taken no steps to arrest, detain, prosecute, or imprison any person described in clause (i) of subparagraph (A).

(c)Authority to waive section 7423 and 7425 with respect to an investigation or prosecution of a named individual

The President is authorized to waive the prohibitions and requirements of section 7423 and 7425 of this title to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecution of a named individual by the International Criminal Court. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—

(1)notifies the appropriate congressional committees of the intention to exercise such authority; and

(2)determines and reports to the appropriate congressional committees that—

(A)a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of section 7424 of this title is in effect;

(B)there is reason to believe that the named individual committed the crime or crimes that are the subject of the International Criminal Court’s investigation or prosecution;

(C)it is in the national interest of the United States for the International Criminal Court’s investigation or prosecution of the named individual to proceed; and

(D)in investigating events related to actions by the named individual, none of the following persons will be investigated, arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court with respect to actions undertaken by them in an official capacity:

(i)Covered United States persons.

(ii)Covered allied persons.

(iii)Individuals who were covered United States persons or covered allied persons.

(d)Termination of waiver pursuant to subsection (c)

Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and requirements of section 7423 and 7425 of this title shall terminate at any time that a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of section 7424 of this title expires and is not extended pursuant to subsection (b).

(e)Termination of prohibitions of this subchapter

The prohibitions and requirements of section 7423, 7424, and 7425 of this title shall cease to apply, and the authority of section 7427 of this title shall terminate, if the United States becomes a party to the International Criminal Court pursuant to a treaty made under article II, section 2, clause 2 of the Constitution of the United States.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsecs. (a), (b). Pub. L. 110–181, § 1212(b)(1)(A), (B), substituted “section 7424” for “section 7424 and 7426” in heading and text. Subsecs. (c)(2)(A), (d). Pub. L. 110–181, § 1212(b)(1)(C), (D), substituted “section 7424” for “section 7424 and 7426”. Subsec. (e). Pub. L. 110–181, § 1212(b)(1)(E), substituted “and 7425” for “7425, and 7426”.

§7422 Waiver and Termination of Prohibitions of This Subchapter

Summary

Title 22, §7422

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata