22 U.S.C. § 7432 — Definitions
submitted 24 years ago by Pub. L. 107-206 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 709 words · no verdicts yet
This section defines terms used elsewhere in this subchapter, like "International Criminal Court" and "covered United States persons." It explains who counts as a covered ally, what "extradition" means, and other key words. These definitions control how the related sections apply.
As used in this subchapter and in section 7402 of this title:
(1) "Appropriate congressional committees" means the House Committee on International Relations and the Senate Committee on Foreign Relations.
(2) "Classified national security information" means information classified, or that could be classified, under Executive Order 12958, or whatever order replaces it.
(3) "Covered allied persons" means military personnel, elected or appointed officials, and other people employed by or working for a NATO member country, a "major non-NATO ally" (the law lists Australia, Egypt, Israel, Japan, Jordan, Argentina, South Korea, and New Zealand as examples), or Taiwan — as long as that government isn't part of the International Criminal Court and wants its officials and other personnel protected from that Court's jurisdiction.
(4) "Covered United States persons" means U.S. Armed Forces members, elected or appointed U.S. government officials, and other people employed by or working for the U.S. government — as long as the United States isn't part of the International Criminal Court.
(5) "Extradition" and "extradite" mean handing over a person under the rules in chapter 209 of title 18 (including section 3181(b)), and cover both "extradition" and "surrender" as those terms are used in Article 102 of the Rome Statute.
(6) "International Criminal Court" means the court created by the Rome Statute.
(7) "Major non-NATO ally" means a country given that designation under 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" means assigning members of the U.S. Armed Forces into a United Nations military command structure for such an operation, where those service members are subject to the command of one or more foreign military officers not appointed the way Article II, Section 2, Clause 2 of the Constitution requires.
(9) "Party to the International Criminal Court" means a government that has formally joined the Rome Statute — by ratifying, accepting, approving, or acceding to it — and hasn't since withdrawn under Article 127 of that treaty.
(10) "Peacekeeping operation under chapter VI... or peace enforcement operation under chapter VII..." means a military operation to keep or restore international peace and security that (A) the U.N. Security Council authorized under Chapter VI or VII of the U.N. Charter, and (B) is paid for out of U.N. members' assessed contributions set aside for peacekeeping or peace enforcement.
(11) "Rome Statute" means the treaty that created the International Criminal Court, adopted in Rome on July 17, 1998.
(12) "Support" means any kind of assistance — money, transfers of property or other material support, services, intelligence sharing, law enforcement cooperation, training or lending of personnel, and arresting or detaining people.
As used in this subchapter and in section 7402 of this title:
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.
The term “classified national security information” means information that is classified or classifiable under Executive Order 12958 or a successor Executive order.
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.
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.
The terms “extradition” and “extradite” mean the extradition of a person in accordance with the provisions of chapter 209 of title 18 (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.
The term “International Criminal Court” means the court established by the Rome Statute.
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 [22 U.S.C. 2321k].
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.
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.
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—
is authorized by the United Nations Security Council under chapter VI or VII of the charter of the United Nations; and
is paid for from assessed contributions of United Nations members that are made available for peacekeeping or peace enforcement activities.
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.
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.
Source credit: (Pub. L. 107–206, title II, § 2013, Aug. 2, 2002, 116 Stat. 907; Pub. L. 109–364, div. A, title XII, § 1222, Oct. 17, 2006, 120 Stat. 2423; Pub. L. 110–181, div. A, title XII, § 1212(b)(2), Jan. 28, 2008, 122 Stat. 371.)
- 2002Enacted · Pub. L. 107-206 · 116 Stat. 907
- 2006Amended · Pub. L. 109-364 · 120 Stat. 2423
- 2008Amended · Pub. L. 110-181 · 122 Stat. 371
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-206 on 2002-08-02.
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