Title 22, Foreign Relations and IntercourseRelease 119-110

§7427 Authority to Free Members of the Armed Forces of the United States and Certain Other Persons Detained or Imprisoned by or on Behalf of the International Criminal Court

Title 22 › CHAPTER 81 — INTERNATIONAL CRIMINAL COURT › SUBCHAPTER II — AMERICAN SERVICEMEMBERS’ PROTECTION › § 7427

Last updated Sep 22, 2026|Official source

Summary

The President can use any means needed to get people released who are detained or jailed by, for, or at the request of the International Criminal Court. That power covers three groups: covered United States persons; covered allied persons; and people held for official acts they did while in those roles (for allied persons, their government must ask). If such a person faces arrest, investigation, prosecution, or detention by or for the ICC, the President may order U.S. agencies to provide legal help (including as allowed by 10 U.S.C. 1037), give evidence that helps the person, and defend U.S. interests before the ICC under Articles 18 or 19 or in other courts. Paying bribes or similar inducements to obtain release is not allowed.

Full Legal Text

Title 22, §7427

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Authority

The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.

(b)Persons authorized to be freed

The authority of subsection (a) shall extend to the following persons:

(1)Covered United States persons.

(2)Covered allied persons.

(3)Individuals detained or imprisoned for official actions taken while the individual was a covered United States person or a covered allied person, and in the case of a covered allied person, upon the request of such government.

(c)Authorization of legal assistance

When any person described in subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned by, on behalf of, or at the request of the International Criminal Court, the President is authorized to direct any agency of the United States Government to provide—

(1)legal representation and other legal assistance to that person (including, in the case of a person entitled to assistance under section 1037 of title 10, representation and other assistance in the manner provided in that section);

(2)exculpatory evidence on behalf of that person; and

(3)defense of the interests of the United States through appearance before the International Criminal Court pursuant to Article 18 or 19 of the Rome Statute, or before the courts or tribunals of any country.

(d)Bribes and other inducements not authorized

This section does not authorize the payment of bribes or the provision of other such incentives to induce the release of a person described in subsection (b).

Reference

Citations & Metadata

Citation

22 U.S.C. § 7427

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110