American Servicemember’s Protection Act of 2002
(Title II of Public Law 107-206, approved aug. 2,
2002)
[As Amended Through P.L. 110–181, Enacted January 28,
2008]
TITLE II—AMERICAN SERVICE-MEMBERS’ PROTECTION ACT
SEC. 2001. [22 U.S.C. 7401 note] SHORT TITLE. 1
This title may be cited as the “American
Servicemembers’ Protection Act of 2002”.
TITLE II—AMERICAN SERVICE-MEMBERS’ PROTECTION ACT
Sec. 2001. Short title.
Sec. 2002. Findings.
Sec. 2003. Waiver and termination of prohibitions of
this title.
Sec. 2004. Prohibition on cooperation with the
International Criminal Court.
Sec. 2005. Restriction on United States participation
in certain United Nations
peacekeeping operations.
Sec. 2006. Prohibition on
direct or indirect transfer of classified national security
information and law enforcement information to the International Criminal
Court.
Sec. 2007. Prohibition of
United States military assistance to parties to the International Criminal
Court.
Sec. 2008. 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.
Sec. 2009. Alliance command
arrangements.
Sec. 2010. Withholdings.
Sec. 2011. Application of sections 2004 and 2006 to exercise
of constitutional authorities.
Sec. 2012. Nondelegation.
Sec. 2013. Definitions.
Sec. 2014. Repeal of limitation.
Sec. 2015. Assistance to international efforts.
Sec. 2002. [22 U.S.C. 7421] FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an International Criminal
Court, meeting in Rome, Italy, adopted the “Rome Statute of the International
Criminal Court”. The vote on whether to proceed with the statute was 120 in
favor to 7 against, with 21 countries abstaining. The United States voted against
final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed
the Rome Statute and 30 had ratified it. Pursuant to Article 126 of the Rome
Statute, the statute will enter into force on the first day of the month after
the 60th day following the date on which the 60th country deposits an
instrument ratifying the statute.
(3) Since adoption of the Rome Statute, a Preparatory
Commission for the International Criminal Court has met regularly to draft
documents to implement the Rome Statute, including Rules of Procedure and
Evidence, Elements of Crimes, and a definition of the Crime of Aggression.
(4) During testimony before the Congress following
the adoption of the Rome Statute, the lead United States negotiator, Ambassador
David Scheffer stated that the United States could not sign the Rome Statute
because certain critical negotiating objectives of the United States had not
been achieved. As a result, he stated: “We are left with consequences that do
not serve the cause of international justice.”
(5) Ambassador Scheffer went on to tell the Congress
that: “Multinational peacekeeping forces operating in a country that has joined
the treaty can be exposed to the Court’s jurisdiction even if the country of
the individual peacekeeper has not joined the treaty. Thus, the treaty purports
to establish an arrangement whereby United States armed forces operating
overseas could be conceivably prosecuted by the international court even if the
United States has not agreed to be bound by the treaty. Not only is this
contrary to the most fundamental principles of treaty law, it could inhibit the
ability of the United States to use its military to meet alliance obligations
and participate in multinational operations, including humanitarian
interventions to save civilian lives. Other contributors to peacekeeping operations
will be similarly exposed.”
(6) Notwithstanding these concerns, President Clinton
directed that the United States sign the Rome Statute on December 31, 2000. In
a statement issued that day, he stated that in view of the unremedied
deficiencies of the Rome Statute, “I will not, and do not recommend 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 International
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 Constitution, 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 International
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 President and other senior elected and appointed
officials of the United States Government may be prosecuted by the International
Criminal Court. Particularly if the Preparatory Commission agrees on a
definition of the Crime of Aggression over United States objections, senior
United States officials may be at risk of criminal prosecution for national
security decisions involving such matters as responding to acts of terrorism,
preventing the proliferation of weapons of mass destruction, and deterring
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 by the International Criminal Court, especially with respect to
official actions taken by them to protect the national interests of the United
States.
(10) Any agreement within the Preparatory Commission
on a definition of the Crime of Aggression that usurps the prerogative of the
United Nations Security Council under Article 39 of the charter of the United
Nations to “determine the existence of any ... act of aggression” would
contravene the charter of the United Nations and undermine deterrence.
(11) It is a fundamental principle of international
law that a treaty is binding upon its parties only and that it does not create
obligations for nonparties without their consent to be bound. The United States
is not a party to the Rome Statute and will not be bound by any of its terms.
The United States will not recognize the jurisdiction of the International
Criminal Court over United States nationals.
SEC. 2003. [22 U.S.C. 7422] WAIVER AND TERMINATION OF PROHIBITIONS
OF THIS TITLE.
(a)
AUTHORITY TO INITIALLY WAIVE SECTION 2005. — The
President is authorized to waive the prohibitions and requirements of section
2005 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 2005. — The President is
authorized to waive the prohibitions and requirements of section 2005 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 4 AND 6 WITH RESPECT TO AN
INVESTIGATION OR PROSECUTION OF A NAMED INDIVIDUAL. — The President is
authorized to waive the prohibitions and requirements of sections 2004 and 2006
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 2005 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 2004 and 2006 shall terminate at any time that a
waiver pursuant to subsection (a) or (b) of the prohibitions and requirements
of section 2005 expires and is not extended pursuant to subsection (b).
(e) TERMINATION OF PROHIBITIONS OF THIS TITLE. — The prohibitions and
requirements of sections 2004, 2005, and 2006 shall cease to apply, and the
authority of section 2008 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.
SEC. 2004. [22 U.S.C. 7423] PROHIBITION ON
COOPERATION WITH THE
INTERNATIONAL CRIMINAL COURT.
(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 the date of the enactment of
this Act 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 2008; 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, United States Code, 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, United States Code, 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. — 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.
SEC. 2005. [22 U.S.C. 7424] RESTRICTION ON UNITED STATES PARTICIPATION IN
CERTAIN UNITED NATIONS PEACEKEEPING OPERATIONS.
(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 exempted,
at a minimum, members 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 actions 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 International
Criminal Court and has not invoked the jurisdiction of the International
Criminal Court pursuant to Article 12 of the Rome Statute, or has entered into
an agreement in accordance 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.
SEC. 2006. [22 U.S.C. 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 ensure that appropriate procedures are
in place to prevent the transfer of classified national security information
and law enforcement information to the International Criminal Court for the
purpose of facilitating an investigation, apprehension, or prosecution.
(b) INDIRECT TRANSFER. — The procedures adopted pursuant to subsection
(a) shall be designed to prevent the transfer to the United Nations and to the
government of any country that is party to the International Criminal Court of
classified national security information and law enforcement information that
specifically relates to matters known to be under investigation or prosecution
by the International Criminal Court, except to the degree that satisfactory assurances
are received from the United Nations or that government, as the case may be, that
such information will not be made available to the International Criminal Court
for the purpose of facilitating an investigation, apprehension, or prosecution.
(c) CONSTRUCTION. — The provisions of this section shall not be construed
to prohibit any action permitted under section 2008.
[Section 2007 repealed by section 1212(a) of Public Law 110–181.]
SEC. 2008. [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, United States Code, 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 subsection (b).
SEC. 2009. [22 U.S.C. 7428] ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT ON ALLIANCE COMMAND ARRANGEMENTS. — Not later than 6 months
after the date of the enactment of this Act, the President should transmit to
the appropriate congressional committees a report with respect to each military
alliance to which the United States is party—
(1) describing the
degree to which members of the Armed Forces of the United States may, in the
context of military operations undertaken by or pursuant to that alliance, be
placed under the command or operational control of foreign military officers
subject to the jurisdiction of the International Criminal Court because they
are nationals of a party to the International Criminal Court; and
(2) evaluating the
degree to which members of the Armed Forces of the United States engaged in
military operations undertaken by or pursuant to that alliance may be exposed
to greater risks as a result of being placed under the command or operational
control of foreign military officers subject to the jurisdiction of the
International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE ENHANCED PROTECTION FOR MEMBERS
OF THE ARMED FORCES OF THE UNITED STATES. — Not later than 1 year after the date
of the enactment of this Act, the President should transmit to the appropriate
congressional committees a description of modifications to command and operational
control arrangements within military alliances to which the United States is a
party that could be made in order to reduce any risks to members of the Armed
Forces of the United States identified pursuant to subsection (a)(2).
(c) SUBMISSION IN CLASSIFIED FORM. — The report under subsection (a),
and the description of measures under subsection (b), or appropriate parts thereof,
may be submitted in classified form.
SEC. 2010. [22 U.S.C. 7429] WITHHOLDINGS.
Funds withheld from the United States share of assessments to the
United Nations or any other international organization during any fiscal year
pursuant to section 705 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted by section
1000(a)(7) of Public Law 106–113; 113 Stat. 1501A–460), are authorized to be transferred
to the Embassy Security, Construction and Maintenance Account of the Department
of State.
SEC. 2011. [22 U.S.C. 7430] APPLICATION OF SECTIONS 2004 AND 2006
TO EXERCISE OF CONSTITUTIONAL AUTHORITIES.
(a) IN GENERAL. — Sections 2004 and 2006 shall not apply to any action
or actions with respect to a specific matter involving the International
Criminal Court taken or directed by the President on a case-by-case basis in
the exercise of the President’s authority as Commander in Chief of the Armed
Forces of the United States under article II, section 2 of the United States
Constitution or in the exercise of the executive power under article II,
section 1 of the United States Constitution.
(b) NOTIFICATION TO CONGRESS. —
(1) IN GENERAL. — Subject
to paragraph (2), not later than 15 days after the President takes or directs
an action or actions described in subsection (a) that would otherwise be
prohibited under section 2004 or 2006, the President shall submit a
notification of such action to the appropriate congressional committees. A
notification under this paragraph shall include a description of the action, a
determination that the action is in the national interest of the United States,
and a justification for the action.
(2) EXCEPTION. — If
the President determines that a full notification under paragraph (1) could jeopardize
the national security of the United States or compromise a United States law enforcement
activity, not later than 15 days after the President takes or directs an action
or actions referred to in paragraph
(1) the President shall notify the appropriate congressional committees
that an action has been taken and a determination has been made pursuant to
this paragraph. The President shall provide a full notification under paragraph
(1) not later than 15 days after the reasons for the determination under this
paragraph no longer apply.
(c) CONSTRUCTION. — Nothing in this section shall be construed as a
grant of statutory authority to the President to take any action.
SEC. 2012. [22 U.S.C. 7431] NONDELEGATION.
The authorities vested in the President by sections 2003 and 2011(a)
may not be delegated by the President pursuant to section 301 of title 3,
United States Code, or any other provision of law. The authority vested in the
President by section 2005(c)(3) may not be delegated by the President pursuant
to section 301 of title 3, United States Code, or any other provision of law to
any official other than the Secretary of Defense, and if so delegated may not be
subdelegated.
SEC. 2013. [22 U.S.C. 7432] DEFINITIONS.
As used in this title and in section 706 of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001:
(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, United States Code,
(including section 3181(b) of such title) and such terms include both
extradition and surrender as those terms are defined in Article 102 of the Rome
Statute.
(6) INTERNATIONAL
CRIMINAL COURT. — The term “International Criminal Court” means the court
established by the Rome Statute.
(7) MAJOR NON-NATO ALLY.
— The term “major non-NATO ally” means a country that has been so designated in
accordance with section 517 of the Foreign Assistance Act of 1961.
(8) 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 term ‘‘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’’ means to assign members of
the Armed Forces of the United States to a United Nations military command structure
as part of a 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 in which those members of the Armed Forces of the United
States are subject to the command or operational control of one or more foreign
military officers not appointed in conformity with article II, section 2,
clause 2 of the Constitution of the United States.
(9) PARTY TO THE INTERNATIONAL
CRIMINAL COURT. — The term ‘‘party to the International Criminal Court’’ means
a government that has deposited an instrument of ratification, acceptance, approval,
or accession to the Rome Statute, and has not withdrawn from the Rome Statute
pursuant to Article 127 thereof.
(10) 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 term “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” means any military operation to maintain or restore
international peace and security that—
(A) is authorized
by the United Nations Security Council under chapter VI or VII of the charter
of the United Nations; and
(B) is paid for
from assessed contributions of United Nations members that are made available
for peacekeeping or peace enforcement activities.
(11) ROME STATUTE. —
The term “Rome Statute” means 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.
(12) SUPPORT. — The
term “support” means assistance of any kind, including financial support,
transfer of property or other material support, services, intelligence sharing,
law enforcement cooperation, the training or detail of personnel, and the
arrest or detention of individuals.
SEC. 2014. REPEAL OF LIMITATION.
[Omitted—Amendment]
SEC. 2015. [22 U.S.C. 7433] ASSISTANCE TO INTERNATIONAL EFFORTS.
Nothing in this title 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, leaders of
Islamic Jihad, and other foreign nationals accused of
genocide, war crimes or crimes against humanity.
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