22 U.S.C. § 7424 — Restriction on United States participation

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] may be construed to modify the existing roles or au- thorities of any Federal agency or official.’’ § 7424. Restriction on United States participation in certain United Nations peacekeeping oper- ations (a) Policy Effective beginning on the date on which the Rome Statute enters into force pursuant to Ar- ticle 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 par- ticipating in such operation from criminal pros- ecution or other assertion of jurisdiction by the International Criminal Court for actions under- taken 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 ef- fect pursuant to Article 126 of the Rome Stat- ute, unless the President has submitted to the appropriate congressional committees a certifi- cation 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 op- eration, the United Nations Security Council permanently exempted, at a minimum, mem- bers 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 ac- tions 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 Inter- national Criminal Court and has not invoked the jurisdiction of the International Criminal Court pursuant to Article 12 of the Rome Stat- ute, or has entered into an agreement in ac- cordance 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. (Pub. L. 107–206, title II, § 2005, Aug. 2, 2002, 116 Stat. 903.) § 7425. Prohibition on direct or indirect transfer of classified national security information and law enforcement information to the International Criminal Court (a) In general Not later than the date on which the Rome Statute enters into force, the President shall en- sure that appropriate procedures are in place to prevent the transfer of classified national secu- rity information and law enforcement informa-