
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC262-1]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
           CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
 
Sec. 262-1. 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) of this section, 
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.

(Pub. L. 105-277, div. G, subdiv. B, title XXV, Sec. 2502, Oct. 21, 
1998, 112 Stat. 2681-836.)


  Restriction Relating to United States Accession to the International 
                             Criminal Court

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, 
Sec. 705], Nov. 29, 1999, 113 Stat. 1536, 1501A-460, provided that:
    ``(a) Prohibition.--The United States shall not become a party to 
the International Criminal Court except pursuant to a treaty made under 
Article II, section 2, clause 2 of the Constitution of the United States 
on or after the date of enactment of this Act [Nov. 29, 1999].
    ``(b) Prohibition.--None of the funds authorized to be appropriated 
by this or any other Act may be obligated for use by, or for support of, 
the International 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 the 
date of enactment of this Act.
    ``(c) International Criminal Court Defined.--In this section, the 
term `International Criminal Court' means the court established by the 
Rome Statute of the International Criminal Court, adopted by the United 
Nations Diplomatic Conference of Plenipotentiaries on the Establishment 
of an International Criminal Court on July 17, 1998.''


Prohibition on Extradition or Transfer of United States Citizens to the 
                      International Criminal Court

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title VII, 
Sec. 706], Nov. 29, 1999, 113 Stat. 1536, 1501A-461, provided that:
    ``(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 705(c) of this Act [set 
out above].''
