22 U.S.C. § 7423: Prohibition on cooperation…

Summary

Blocks U.S. cooperation with the International Criminal Court (ICC). No U.S. court, federal, state, or local agency may respond to ICC requests, forward ICC letters or requests to U.S. courts, extradite or help transfer people to the ICC, or give the ICC support. Federal money cannot be used to help the ICC investigate, arrest, detain, extradite, or prosecute any U.S. citizen or permanent resident. The United States must also limit how it uses help given under treaties so that the ICC cannot get or use that help. Applies only to the ICC and not to temporary U.N. tribunals set up to investigate crimes in a particular country or conflict, whether created before or after August 2, 2002. It does not stop actions already allowed by other U.S. law or stop the U.S. from stating its policy. Agents of the ICC may not do investigative work in the United States, except for investigations only about the Situation in Ukraine that are done with the Attorney General’s agreement.

Title 22, §7423

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Application

The provisions of this section

(1)

(2)shall not prohibit—

(A)any action permitted under section 7427 of this title; or

(B)communication by the United States of its policy with respect to a matter.

(b)Prohibition on responding to requests for cooperation

Notwithstanding section 1782 of title 28 or any other provision of law, no United States Court, and no agency or entity of any State or local government, including any court, may cooperate with the International Criminal Court in response to a request for cooperation submitted by the International Criminal Court pursuant to the Rome Statute.

(c)Prohibition on transmittal of letters rogatory from the International Criminal Court

Notwithstanding section 1781 of title 28 or any other provision of law, no agency of the United States Government may transmit for execution any letter rogatory issued, or other request for cooperation made, by the International Criminal Court to the tribunal, officer, or agency in the United States to whom it is addressed.

(d)Prohibition on extradition to the International Criminal Court

Notwithstanding any other provision of law, no agency or entity of the United States Government or of any State or local government may extradite any person from the United States to the International Criminal Court, nor support the transfer of any United States citizen or permanent resident alien to the International Criminal Court.

(e)Prohibition on provision of support to the International Criminal Court

Notwithstanding any other provision of law, no agency or entity of the United States Government or of any State or local government, including any court, may provide support to the International Criminal Court.

(f)Prohibition on use of appropriated funds to assist the International Criminal Court

Notwithstanding any other provision of law, no funds appropriated under any provision of law may be used for the purpose of assisting the investigation, arrest, detention, extradition, or prosecution of any United States citizen or permanent resident alien by the International Criminal Court.

(g)Restriction on assistance pursuant to mutual legal assistance treaties

The United States shall exercise its rights to limit the use of assistance provided under all treaties and executive agreements for mutual legal assistance in criminal matters, multilateral conventions with legal assistance provisions, and extradition treaties, to which the United States is a party, and in connection with the execution or issuance of any letter rogatory, to prevent the transfer to, or other use by, the International Criminal Court of any assistance provided by the United States under such treaties and letters rogatory.

(h)Prohibition on investigative activities of agents

(1)In general

No agent of the International Criminal Court may conduct, in the United States or any territory subject to the jurisdiction of the United States, any investigative activity relating to a preliminary inquiry, investigation, prosecution, or other proceeding at the International Criminal Court.

(2)Exception

The prohibition under paragraph (1) shall not apply with respect to investigative activities that—

(A)relate solely to investigations and prosecutions of foreign persons for crimes within the jurisdiction of the International Criminal Court related to the Situation in Ukraine; and

(B)are undertaken in concurrence with the Attorney General.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (h). Pub. L. 117–328 designated existing provisions as par. (1), inserted heading, and added par. (2).

Statutory Notes and Related Subsidiaries

Rule of

Construction

Pub. L. 117–328, div. K, title VII, § 7073(c), Dec. 29, 2022, 136 Stat. 5092, provided that: “Nothing in this section [amending this section and section 7433 of this title] may be construed to modify the existing roles or authorities of any Federal agency or official.”

§7423 Prohibition on Cooperation with the International Criminal Court