§7422 Waiver and Termination of Prohibitions of This Subchapter

Summary

The President can temporarily lift the bans and rules in section 7424 for one year at a time. He must tell the appropriate congressional committees at least 15 days before doing so. For the first one-year waiver, he must report that the International Criminal Court has entered a binding agreement that bars the Court from asserting jurisdiction over covered United States persons, covered allied persons, and people who used to be covered, and that the Court will not arrest, hold, charge, or jail any of those people. He can renew the waiver for more one-year periods if he gives the same 15-day notice and reports that the Court stays in and follows that binding agreement and has taken no steps to arrest, hold, charge, or jail those people. The President can also lift parts of sections 7423 and 7425 so the United States may assist an ICC investigation or prosecution of a named individual. He must notify Congress 15 days ahead and report that a 7424 waiver is in effect; there is reason to think the named person committed the alleged crimes; it is in the national interest for the ICC to go forward; and neither covered United States persons nor covered allied persons (including former ones) will be investigated, arrested, held, charged, or jailed by the ICC for official actions. Any waiver under 7423 or 7425 ends if the 7424 waiver expires and is not renewed. All these bans and the authority in section 7427 stop applying if the United States becomes a party to the ICC by a treaty under the Constitution.