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22 U.S.C. § 7423 — Prohibition on cooperation with the International Criminal Court

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

22 U.S.C. § 7423 — Prohibition on cooperation with the International Criminal Court

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Stable record: federal_law:legal_authorities:record_usc_dc2959118f7088b87465d664
Source file: Laws/federal/codes/united-states-code/title-22/section-7423-prohibition-on-cooperation-with-the-international-criminal-court--7c3d19479a.md
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Source location: Title 22, Chapter 81, § 7423; chapter-081-international-criminal-court.md

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**(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 other provision of law, no agency or entity of the United States Government or of any State or local government may extradite any person from the United States to the International Criminal Court, nor support the transfer of any United States citizen or permanent resident alien to the International Criminal Court. **(e) Prohibition on provision of support to the International Criminal Court** Notwithstanding any other provision of law, no agency or entity of the United States Government or of any State or local government, including any court, may provide support to the International Criminal Court. **(f) Prohibition on use of appropriated funds to assist the International Criminal Court** Notwithstanding any other provision of law, no funds appropriated under any provision of law may be used for the purpose of assisting the investigation, arrest, detention, extradition, or prosecution of any United States citizen or permanent resident alien by the International Criminal Court. **(g) Restriction on assistance pursuant to mutual legal assistance treaties** The United States shall exercise its rights to limit the use of assistance provided under all treaties and executive agreements for mutual legal assistance in criminal matters, multilateral conventions with legal assistance provisions, 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 treaties 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 relating to a preliminary inquiry, investigation, prosecution, or other proceeding at the International Criminal Court. (2) **Exception** — The prohibition under paragraph (1) shall not apply with respect to investigative activities 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.

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

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

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

22 U.S.C. § 7433 — Assistance to international efforts

**(a) Assistance** Nothing in this subchapter shall prohibit the United States from rendering assistance to international efforts to bring to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members of Al Queda,11 So in original. leaders of Islamic Jihad, and other foreign nationals accused of genocide, war crimes or crimes against humanity, or from rendering assistance to the International Criminal Court to assist with investigations and prosecutions of foreign nationals related to the Situation in Ukraine, including to support victims and witnesses. **(b) Authority** Assistance made available pursuant to subsection (a) of this section may be made available notwithstanding [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7401&num=0&edition=prelim), except that none of the funds made available pursuant to this subsection may be made available for the purpose of supporting investigations or prosecutions of U.S. servicemembers or other covered United States persons or covered allied persons as such terms are defined in [section 7432 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7432&num=0&edition=prelim). **(c) Notification** The Secretary of State shall notify the Committees on Appropriations, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives, of any amounts obligated pursuant to subsection (b) not later than 15 days before such obligation is made.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7433

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

28 U.S.C. § 1782 — Assistance to foreign and international tribunals and to litigants before such tribunals

**(a)** The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal, including criminal investigations conducted before formal accusation. The order may be made pursuant to a letter rogatory issued, or request made, by a foreign or international tribunal or upon the application of any interested person and may direct that the testimony or statement be given, or the document or other thing be produced, before a person appointed by the court. By virtue of his appointment, the person appointed has power to administer any necessary oath and take the testimony or statement. The order may prescribe the practice and procedure, which may be in whole or part the practice and procedure of the foreign country or the international tribunal, for taking the testimony or statement or producing the document or other thing. To the extent that the order does not prescribe otherwise, the testimony or statement shall be taken, and the document or other thing produced, in accordance with the Federal Rules of Civil Procedure.A person may not be compelled to give his testimony or statement or to produce a document or other thing in violation of any legally applicable privilege. **(b)** This chapter does not preclude a person within the United States from voluntarily giving his testimony or statement, or producing a document or other thing, for use in a proceeding in a foreign or international tribunal before any person and in any manner acceptable to him.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1782

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

28 U.S.C. § 1781 — Transmittal of letter rogatory or request

**(a)** The Department of State has power, directly, or through suitable channels— (1) to receive a letter rogatory issued, or request made, by a foreign or international tribunal, to transmit it to the tribunal, officer, or agency in the United States to whom it is addressed, and to receive and return it after execution; and (2) to receive a letter rogatory issued, or request made, by a tribunal in the United States, to transmit it to the foreign or international tribunal, officer, or agency to whom it is addressed, and to receive and return it after execution. **(b)** This section does not preclude— (1) the transmittal of a letter rogatory or request directly from a foreign or international tribunal to the tribunal, officer, or agency in the United States to whom it is addressed and its return in the same manner; or (2) the transmittal of a letter rogatory or request directly from a tribunal in the United States to the foreign or international tribunal, officer, or agency to whom it is addressed and its return in the same manner.

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1781

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

22 U.S.C. § 7423 — Prohibition on cooperation with the Inter-

Page 1946 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7423 7425 of this title to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecu- tion of a named individual by the International Criminal Court. 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— (A) a waiver pursuant to subsection (a) or (b) of the prohibitions and requirements of section 7424 of this title is in effect; (B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the Inter- national Criminal Court’s investigation or prosecution; (C) it is in the national interest of the United States for the International Criminal Court’s investigation or prosecution of the named individual to proceed; and (D) in investigating events related to ac- tions by the named individual, none of the following persons will be investigated, ar- rested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court with respect to actions undertaken by them in an official capacity: (i) Covered United States persons. (ii) Covered allied persons. (iii) Individuals who were covered United States persons or covered allied persons. (d) Termination of waiver pursuant to sub- section (c) Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and require- ments of sections 7423 and 7425 of this title shall terminate at any time that a waiver pursuant to subsection (a) or (b) of the prohibit

Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7423

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