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22 U.S.C. § 7424 — Restriction on United States participation in certain United Nations peacekeeping operations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy** 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) Restriction** 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) Certification** 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 exe
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Source file: Laws/federal/codes/united-states-code/title-22/section-7424-restriction-on-united-states-participation-in-certain-united-nations-pea--ac9d20e109.md
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Source location: Title 22, Chapter 81, § 7424; chapter-081-international-criminal-court.md
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**(a) Policy** 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) Restriction** 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) Certification** 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to initially waive section 7424** The President is authorized to waive the prohibitions and requirements of [section 7424 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7424&num=0&edition=prelim) for a single period of 1 year. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
(1) notifies the appropriate congressional committees of the intention to exercise such authority; and
(2) determines and reports to the appropriate congressional committees that the International Criminal Court has entered into a binding agreement that—
(A) prohibits the International Criminal Court from seeking to exercise jurisdiction over the following persons with respect to actions undertaken by them in an official capacity:
(i) covered United States persons;
(ii) covered allied persons; and
(iii) individuals who were covered United States persons or covered allied persons; and
(B) ensures that no person described in subparagraph (A) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court.
**(b) Authority to extend waiver of section 7424** The President is authorized to waive the prohibitions and requirements of [section 7424 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7424&num=0&edition=prelim) for successive periods of 1 year each upon the expiration of a previous waiver pursuant to subsection (a) or this subsection. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority—
(1) notifies the appropriate congressional committees of the intention to exercise such authority; a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1947
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7425
treaties and executive agreements for mutual
legal assistance in criminal matters, multilat-
eral conventions with legal assistance provi-
sions, 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 trea-
ties 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 re-
lating to a preliminary inquiry, investigation,
prosecution, or other proceeding at the Inter-
national Criminal Court.
(2) Exception
The prohibition under paragraph (1) shall
not apply with respect to investigative activi-
ties 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.
(Pub. L. 107–206, title II, § 2004, Aug. 2, 2002, 116
Stat. 902; Pub. L. 117–328, div. K, title VII,
§ 7073(a), Dec. 29, 2022, 136 Stat. 5092.)
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]
ma
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7424
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