Title 22Foreign Relations and IntercourseRelease 119-73not60

§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 Apr 5, 2026|Official source

Summary

The President may, case by case, take or order actions about the International Criminal Court without having to follow sections 7423 and 7425 when acting as Commander in Chief (Article II, §2) or under executive power (Article II, §1). Within 15 days after such an action, the President must notify the appropriate congressional committees, describe the action, say it is in the national interest, and explain why. If giving full details would harm national security or a law enforcement matter, the President must instead notify the committees within 15 days that an action occurred and give the reason for withholding details, and must provide the full notice within 15 days after those reasons no longer apply. Nothing here gives the President any new legal authority to act.

Full Legal Text

Title 22, §7430

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)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)(1)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)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)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 22Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60