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22 U.S.C. § 7402 — Prohibition on extradition or transfer of United States citizens to the International Criminal Court

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7402 — Prohibition on extradition or transfer of United States citizens to the International Criminal Court

**(a) Prohibition on extradition** None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be used to extradite a United States citizen to a foreign country that is under an obligation to surrender persons to the International Criminal Court unless that foreign country confirms to the United States that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the United States that the country will not extradite or otherwise transfer that citizen to the International Criminal Court. **(b) Prohibition on consent to extradition by third countries** None of the funds authorized to be appropriated or otherwise made available by this or any other Act may be used to provide consent to the extradition or transfer of a United States citizen by a foreign country to a third country that is under an obligation to surrender persons to the International Criminal Court, unless the third country confirms to the United States that applicable prohibitions on reextradition apply to such surrender or gives other satisfactory assurances to the United States that the third country will not extradite or otherwise transfer that citizen to the International Criminal Court. **(c) Definition** In this section, the term “International Criminal Court” has the meaning given the term in [section 7401(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7401/c&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-22/section-7402-prohibition-on-extradition-or-transfer-of-united-states-citizens-to-the--ce7d22ecd7.md
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Source location: Title 22, Chapter 81, § 7402; chapter-081-international-criminal-court.md

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 276f — Restriction relating to United States accession to any new international criminal tribunal

**(a) Prohibition** The United States shall not become a party to any new international criminal tribunal, nor give legal effect to the jurisdiction of such a tribunal over any matter described in subsection (b), except pursuant to— (1) a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after October 21, 1998; or (2) any statute enacted by Congress on or after October 21, 1998. **(b) Jurisdiction described** The jurisdiction described in this section is jurisdiction over— (1) persons found, property located, or acts or omissions committed, within the territory of the United States; or (2) nationals of the United States, wherever found. **(c) Statutory construction** Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal. **(d) “New international criminal tribunal” defined** The term “new international criminal tribunal” means any permanent international criminal tribunal established on or after October 21, 1998, and does not include— (1) the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law in the Territory of the Former Yugoslavia, as established by United Nations Security Council Resolution 827 of May 25, 1993; or (2) the International Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighboring States, as established by United Nations Security Council Resolution 955 of November 8, 1994.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7432 — Definitions

As used in this subchapter and in [section 7402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7402&num=0&edition=prelim): (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) **Classified national security information** — The term “classified national security information” means information that is classified or classifiable under Executive Order 12958 or a successor Executive order. (3) **Covered allied persons** — The term “covered allied persons” means military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long as that government is not a party to the International Criminal Court and wishes its officials and other persons working on its behalf to be exempted from the jurisdiction of the International Criminal Court. (4) **Covered United States persons** — The term “covered United States persons” means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the International Criminal Court. (5) **Extradition** — The terms “extradition” and “extradite” mean the extradition of a person in accordance with the provisions of chapter 209 of title 18 (including section 3181(b) of such title) and such terms include both extraditio

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7402 — Prohibition on extradition or transfer of

Page 1944 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7402 gated for use by, or for support of, the Inter- national Criminal Court unless the United States has become a party to the Court pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after November 29, 1999. (c) International Criminal Court defined In this section, the term ‘‘International Crimi- nal Court’’ means the court established by the Rome Statute of the International Criminal Court, adopted by the United Nations Diplo- matic Conference of Plenipotentiaries on the Es- tablishment of an International Criminal Court on July 17, 1998. (Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 705], Nov. 29, 1999, 113 Stat. 1536, 1501A–460.) Editorial Notes CODIFICATION Section was formerly set out as a note under section 262–1 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 107–206, title II, § 2001, Aug. 2, 2002, 116 Stat. 899, provided that: ‘‘This title [enacting subchapter II of this chapter] may be cited as the ‘American Servicemembers’ Protection Act of 2002’.’’ § 7402. Prohibition on extradition or transfer of United States citizens to the International Criminal Court (a) Prohibition on extradition None of the funds authorized to be appro- priated or otherwise made available by this or any other Act may be used to extradite a United States citizen to a foreign country that is under an obligation to surrender persons to the Inter- national Criminal Court unless that foreign country confirms to the United States that ap- plicable prohibitions on reextradition apply to such surrender or gives other satisfactory assur- ances to the United States that the country will not extradite or other

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