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22 U.S.C. § 7422 — Waiver and termination of prohibitions of this subchapter
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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Stable record: federal_law:legal_authorities:record_usc_f8115e75e888f0e6b514db16
Source file: Laws/federal/codes/united-states-code/title-22/section-7422-waiver-and-termination-of-prohibitions-of-this-subchapter--cd29b11301.md
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Passage SHA-256: ea466bfe383a480164fb78d4e9d490966a0b00b0af1ed54ab04c7ca22f263006
Source location: Title 22, Chapter 81, § 7422; chapter-081-international-criminal-court.md
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**(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; and
(2) determines and reports to the appropriate congressional committees that the International Criminal Court—
(A) remains party to, and has continued to abide by, a binding agreement that—
(i) 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
(ii) ensures that no person described in clause (i) will be arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court; and
(B) has taken no steps to arrest, detain, prosecute, or imprison any person described in clause (i) of subparagraph (A).
**(c) Authority to waive sections 7423 and 7425 with respect to an investigation or prosecution of a named individual** The President is authorized to waive the prohibitions and requirements of sections 7423 and 7425 of this title to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecution 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7424&num=0&edition=prelim) is in effect;
(B) there is reason to believe that the named individual committed the crime or crimes that are the subject of the International 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 actions by the named individual, none of the following persons will be investigated, arrested, 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 subsection (c)** Any waiver or waivers exercised pursuant to subsection (c) of the prohibitions and requirements of sections 7423 and 7425 of this title shall terminate at any time that a waiver pursuant to subsection (a) or (b) of 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) expires and is not extended pursuant to subsection (b).
**(e) Termination of prohibitions of this subchapter** The prohibitions and requirements of sections 7423, 7424, and 7425 of this title shall cease to apply, and the authority of [section 7427 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7427&num=0&edition=prelim) shall terminate, if the United States becomes a party to the International Criminal Court pursuant to a treaty made under article II, section 2, clause 2 of the Constitution of the United States.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7424
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 1945
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 7422
ommend that my successor submit the Treaty
to the Senate for advice and consent until our
fundamental concerns are satisfied’’.
(7) Any American prosecuted by the Inter-
national Criminal Court will, under the Rome
Statute, be denied procedural protections to
which all Americans are entitled under the
Bill of Rights to the United States Constitu-
tion, such as the right to trial by jury.
(8) Members of the Armed Forces of the
United States should be free from the risk of
prosecution by the International Criminal
Court, especially when they are stationed or
deployed around the world to protect the vital
national interests of the United States. The
United States Government has an obligation
to protect the members of its Armed Forces,
to the maximum extent possible, against
criminal prosecutions carried out by the Inter-
national Criminal Court.
(9) In addition to exposing members of the
Armed Forces of the United States to the risk
of international criminal prosecution, the
Rome Statute creates a risk that the Presi-
dent and other senior elected and appointed
officials of the United States Government may
be prosecuted by the International Criminal
Court. Particularly if the Preparatory Com-
mission agrees on a definition of the Crime of
Aggression over United States objections, sen-
ior United States officials may be at risk of
criminal prosecution for national security de-
cisions involving such matters as responding
to acts of terrorism, preventing the prolifera-
tion of weapons of mass destruction, and de-
terring aggression. No less than members of
the Armed Forces of the United States, senior
officials of the United States Government
should be free from the risk of prosecution b
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 7422
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