22 U.S.C. § 262–1 — Restriction relating to United States accession to any new international criminal tribunal
submitted 28 years ago by Pub. L. 105-277 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 259 words · no verdicts yet
This law bars the U.S. from joining, or recognizing the authority of, any new permanent international criminal tribunal over U.S. people, property, or acts, unless a treaty or law approves it. It excludes the Yugoslavia and Rwanda tribunals from this rule.
(a) Prohibition
The United States cannot become a party to any new international criminal tribunal, and cannot give legal effect to that tribunal's authority over the matters in subsection (b), unless it does so through (1) a treaty made under Article II, section 2, clause 2 of the Constitution on or after October 21, 1998, or (2) a statute Congress passed on or after October 21, 1998.
(b) Jurisdiction described
This section covers authority over: (1) people found, property located, or acts or omissions committed within U.S. territory; or (2) U.S. nationals, wherever they are found.
(c) Statutory construction
Nothing here stops the U.S. from sharing information, expertise, or other help with such a tribunal.
(d) "New international criminal tribunal" defined
This means any permanent international criminal tribunal set up on or after October 21, 1998. It does not include: (1) the International Tribunal for the former Yugoslavia, set up by UN Security Council Resolution 827 of May 25, 1993; or (2) the International Tribunal for Rwanda, set up by UN Security Council Resolution 955 of November 8, 1994.
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), except pursuant to—
a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after October 21, 1998; or
any statute enacted by Congress on or after October 21, 1998.
The jurisdiction described in this section is jurisdiction over—
persons found, property located, or acts or omissions committed, within the territory of the United States; or
nationals of the United States, wherever found.
Nothing in this section precludes sharing information, expertise, or other forms of assistance with such tribunal.
The term “new international criminal tribunal” means any permanent international criminal tribunal established on or after October 21, 1998, and does not include—
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
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.
Source credit: (Pub. L. 105–277, div. G, subdiv. B, title XXV, § 2502, Oct. 21, 1998, 112 Stat. 2681–836.)
- 1998Enacted · Pub. L. 105-277 · 112 Stat. 2681
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-277 on 1998-10-21.
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