Title 22, Foreign Relations and IntercourseRelease 119-110

§7430 Application of Sections 7423 and 7425 to Exercise of Constitutional Authorities

Title 22 › CHAPTER 81 — INTERNATIONAL CRIMINAL COURT › SUBCHAPTER II — AMERICAN SERVICEMEMBERS’ PROTECTION › § 7430

Last updated Sep 22, 2026|Official source

Summary

The President may, on a case-by-case basis, carry out or order actions about the International Criminal Court while acting as Commander in Chief or using executive power, and two specific laws (sections 7423 and 7425) do not block those actions. If the action would otherwise be barred, the President must tell the appropriate congressional committees within 15 days. That notice must say what was done, state that it is in the national interest, and explain why. If giving full details would harm national security or a U.S. law-enforcement activity, the President must still notify the committees within 15 days that an action was taken and that a full report is being withheld for that reason. The full report must be provided within 15 days after the risk ends. Nothing here gives the President new statutory authority to act.

Full Legal Text

Title 22, §7430

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general
section 7423 and 7425 of this title shall not apply to any action or actions with respect to a specific matter involving the International Criminal Court taken or directed by the President on a case-by-case basis in the exercise of the President’s authority as Commander in Chief of the Armed Forces of the United States under article II, section 2 of the United States Constitution or in the exercise of the executive power under article II, section 1 of the United States Constitution.
(b)Notification to Congress
(1)In general
Subject to paragraph (2), not later than 15 days after the President takes or directs an action or actions described in subsection (a) that would otherwise be prohibited under section 7423 or 7425 of this title, the President shall submit a notification of such action to the appropriate congressional committees. A notification under this paragraph shall include a description of the action, a determination that the action is in the national interest of the United States, and a justification for the action.
(2)Exception
If the President determines that a full notification under paragraph (1) could jeopardize the national security of the United States or compromise a United States law enforcement activity, not later than 15 days after the President takes or directs an action or actions referred to in paragraph (1) the President shall notify the appropriate congressional committees that an action has been taken and a determination has been made pursuant to this paragraph. The President shall provide a full notification under paragraph (1) not later than 15 days after the reasons for the determination under this paragraph no longer apply.
(c)Construction
Nothing in this section shall be construed as a grant of statutory authority to the President to take any action.

Reference

Citations & Metadata

Citation

22 U.S.C. § 7430

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110