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22 U.S.C. § 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
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1037&num=0&edition=prelim), 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 subsec
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7427
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Stable record: federal_law:legal_authorities:record_usc_45e9ee25524f7813873e6581
Source file: Laws/federal/codes/united-states-code/title-22/section-7427-authority-to-free-members-of-the-armed-forces-of-the-united-states-and-c--911367c791.md
Pages: Not recorded – Not recorded
Passage SHA-256: 8c3d722ab3e44e8bbd45f614b9f04b3846b413be9b3bba405ae7de09bc0e8f53
Source location: Title 22, Chapter 81, § 7427; chapter-081-international-criminal-court.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1037&num=0&edition=prelim), 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under regulations to be prescribed by him, the Secretary concerned may employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation, before the judicial tribunals and administrative agencies of any foreign nation, of persons subject to the Uniform Code of Military Justice and of persons not subject to the Uniform Code of Military Justice who are employed by or accompanying the armed forces in an area outside the United States and the territories and possessions of the United States, the Northern Mariana Islands, and the Commonwealth of Puerto Rico. So far as practicable, these regulations shall be uniform for all armed forces.
**(b)** The person on whose behalf a payment is made under this section is not liable to reimburse the United States for that payment, unless he is responsible for forfeiture of bail provided under subsection (a).
**(c)** Appropriations available to the military department concerned or the Department of Homeland Security, as the case may be, for the pay of persons under its jurisdiction may be used to carry out this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1037
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7422
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application** The provisions of this section—
(1) apply only to cooperation with the International Criminal Court and shall not apply to cooperation with an ad hoc international criminal tribunal established by the United Nations Security Council before or after August 2, 2002, to investigate and prosecute war crimes committed in a specific country or during a specific conflict; and
(2) shall not prohibit—
(A) any action permitted under [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7427&num=0&edition=prelim); or
(B) communication by the United States of its policy with respect to a matter.
**(b) Prohibition on responding to requests for cooperation** Notwithstanding [section 1782 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1782&num=0&edition=prelim) or any other provision of law, no United States Court, and no agency or entity of any State or local government, including any court, may cooperate with the International Criminal Court in response to a request for cooperation submitted by the International Criminal Court pursuant to the Rome Statute.
**(c) Prohibition on transmittal of letters rogatory from the International Criminal Court** Notwithstanding [section 1781 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1781&num=0&edition=prelim) or any other provision of law, no agency of the United States Government may transmit for execution any letter rogatory issued, or other request for cooperation made, by the International Criminal Court to the tribunal, officer, or agency in the United States to whom it is addressed.
**(d) Prohibition on extradition to the International Criminal Court** Notwithstanding any o
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7423
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than the date on which the Rome Statute enters into force, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified national security information and law enforcement information to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.
**(b) Indirect transfer** The procedures adopted pursuant to subsection (a) shall be designed to prevent the transfer to the United Nations and to the government of any country that is party to the International Criminal Court of classified national security information and law enforcement information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree that satisfactory assurances are received from the United Nations or that government, as the case may be, that such information will not be made available to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.
**(c) Construction** The provisions of this section shall not be construed to prohibit any action permitted under [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7427&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7425
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 1948
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7426
tion to the International Criminal Court for the
purpose of facilitating an investigation, appre-
hension, or prosecution.
(b) Indirect transfer
The procedures adopted pursuant to sub-
section (a) shall be designed to prevent the
transfer to the United Nations and to the gov-
ernment of any country that is party to the
International Criminal Court of classified na-
tional security information and law enforce-
ment information that specifically relates to
matters known to be under investigation or
prosecution
by
the
International
Criminal
Court, except to the degree that satisfactory as-
surances are received from the United Nations
or that government, as the case may be, that
such information will not be made available to
the International Criminal Court for the pur-
pose of facilitating an investigation, apprehen-
sion, or prosecution.
(c) Construction
The provisions of this section shall not be con-
strued to prohibit any action permitted under
section 7427 of this title.
(Pub. L. 107–206, title II, § 2006, Aug. 2, 2002, 116
Stat. 904.)
§ 7426. Repealed. Pub. L. 110–181, div. A, title XII,
§ 1212(a), Jan. 28, 2008, 122 Stat. 371
Section, Pub. L. 107–206, title II, § 2007, Aug. 2, 2002,
116 Stat. 905, prohibited United States military assist-
ance to parties to the International Criminal Court.
§ 7427. Authority to free members of the Armed
Forces of the United States and certain other
persons detained or imprisoned by or on be-
half of the International Criminal Court
(a) Authority
The President is authorized to use all means
necessary and appropriate to bring about the re-
lease of any person described in subsection (b)
who is being detained or imprisoned by, on be-
half of, or
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7427
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.