Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§7424 Restriction on United States Participation in Certain United Nations Peacekeeping Operations

Title 22 › Chapter 81— INTERNATIONAL CRIMINAL COURT › Subchapter II— AMERICAN SERVICEMEMBERS’ PROTECTION › § 7424

Last updated Apr 5, 2026|Official source

Summary

Starting on the day the Rome Statute takes effect under Article 126, the President must use the United States’ voice and vote on the U.N. Security Council to make sure any Council resolution that authorizes a peacekeeping (Chapter VI) or peace enforcement (Chapter VII) mission permanently protects U.S. military personnel from being prosecuted or otherwise sued by the International Criminal Court (ICC) for actions tied to that mission. U.S. forces cannot join any such mission authorized on or after that date unless the President tells the appropriate congressional committees that one of three things is true: the Security Council gave the required permanent ICC protection for U.S. personnel; each country where U.S. forces will serve is not an ICC party and has not accepted ICC jurisdiction under Article 12 or has an Article 98 agreement blocking ICC action; or U.S. national interests justify the deployment.

Full Legal Text

Title 22, §7424

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Effective beginning on the date on which the Rome Statute enters into force pursuant to Article 126 of the Rome Statute, the President should use the voice and vote of the United States in the United Nations Security Council to ensure that each resolution of the Security Council authorizing any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations permanently exempts, at a minimum, members of the Armed Forces of the United States participating in such operation from criminal prosecution or other assertion of jurisdiction by the International Criminal Court for actions undertaken by such personnel in connection with the operation.

(b)Members of the Armed Forces of the United States may not participate in any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations, the creation of which is authorized by the United Nations Security Council on or after the date that the Rome Statute enters into effect pursuant to Article 126 of the Rome Statute, unless the President has submitted to the appropriate congressional committees a certification described in subsection (c) with respect to such operation.

(c)The certification referred to in subsection (b) is a certification by the President that—

(1)members of the Armed Forces of the United States are able to participate in the peacekeeping or peace enforcement operation without risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court because, in authorizing the operation, the United Nations Security Council permanently exempted, at a minimum, members of the Armed Forces of the United States participating in the operation from criminal prosecution or other assertion of jurisdiction by the International Criminal Court for actions undertaken by them in connection with the operation;

(2)members of the Armed Forces of the United States are able to participate in the peacekeeping or peace enforcement operation without risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court because each country in which members of the Armed Forces of the United States participating in the operation will be present either is not a party to the International Criminal Court and has not invoked the jurisdiction of the International Criminal Court pursuant to Article 12 of the Rome Statute, or has entered into an agreement in accordance with Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against members of the Armed Forces of the United States present in that country; or

(3)the national interests of the United States justify participation by members of the Armed Forces of the United States in the peacekeeping or peace enforcement operation.

Reference

Citations & Metadata

Citation

22 U.S.C. § 7424

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60