I 

118TH CONGRESS 

2D SESSION H. R. 8282 

To impose sanctions with respect to the International Criminal Court engaged 

in any effort to investigate, arrest, detain, or prosecute any protected 

person of the United States and its allies. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 7, 2024 

Mr. ROY (for himself, Mr. MAST, Mr. WEBER of Texas, Ms. STEFANIK, Mr. 

CRENSHAW, Mr. D’ESPOSITO, Mr. GOOD of Virginia, Ms. TENNEY, Mr. 

BANKS, Mr. BRECHEEN, Mr. HERN, Mr. LAWLER, Mr. BARR, Mr. SELF, 

Mr. WALTZ, Mr. DONALDS, Mr. MCCORMICK, Mr. GREEN of Tennessee, 

Mr. RESCHENTHALER, Mr. CLOUD, and Mr. BURCHETT) introduced the 

following bill; which was referred to the Committee on Foreign Affairs, 

and in addition to the Committee on the Judiciary, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, 

detain, or prosecute any protected person of the United 

States and its allies. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Illegitimate Court 

3 Counteraction Act’’. 

4 SEC. 2. SANCTIONS WITH RESPECT TO THE INTER5 NATIONAL CRIMINAL COURT. 

6 (a) IN GENERAL.—No later than 60 days after the 

7 enactment of this Act, if the International Criminal Court 

8 is engaging in any attempt to investigate, arrest, detain, 

9 or prosecute any protected person, the President shall im10 pose— 

11 (1) the sanctions described in subsection (b) 

12 with respect to any foreign person the President de13 termines— 

14 (A) has directly engaged in or otherwise 

15 aided any effort by the International Criminal 

16 Court to investigate, arrest, detain, or prosecute 

17 a protected person; 

18 (B) has or materially assisted, sponsored, 

19 or provided financial, material, or technological 

20 support for, or goods or services to or in sup21 port of any effort by the International Criminal 

22 Court to investigate, arrest, detain, or prosecute 

23 a protected person; or 

24 (C) is owned or controlled by, or is cur25 rently acting or purports to have acted, directly 

26 or indirectly, for or on behalf of any person 


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1 that directly engages in any effort by the Inter2 national Criminal Court to investigate, arrest, 

3 detain, or prosecute a protected person; and 

4 (2) the sanctions described in subsection (b)(2) 

5 with respect to the immediate family members of 

6 each foreign person who is subject to sanctions pur7 suant to paragraph (1). 

8 (b) SANCTIONS DESCRIBED.—The sanctions de9 scribed in this subsection with respect to a foreign person 

10 described in subsection (a) are the following: 

11 (1) PROPERTY BLOCKING.—The President shall 

12 exercise all of the powers granted by the Inter13 national Emergency Economic Powers Act (50 

14 U.S.C. 1701 et seq.) to the extent necessary to block 

15 and prohibit all transactions in all property and in16 terests in property of any foreign person described 

17 in subsection (a)(1) if such property and interests in 

18 property are in the United States, come within the 

19 United States, or are or come within the possession 

20 or control of a United States person. 

21 (2) ALIENS INADMISSIBLE FOR VISAS, ADMIS22 SION, OR PAROLE.— 

23 (A) VISAS, ADMISSION, OR PAROLE.—In 

24 the case of an alien described in subsection (a), 

25 the alien is— 


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1 (i) inadmissible to the United States; 

2 (ii) ineligible to receive a visa or other 

3 documentation to enter the United States; 

4 and 

5 (iii) otherwise ineligible to be admitted 

6 or paroled into the United States or to re7 ceive any other benefit under the Immigra8 tion and Nationality Act (8 U.S.C. 1101 et 

9 seq.). 

10 (B) CURRENT VISAS REVOKED.— 

11 (i) IN GENERAL.—The visa or other 

12 entry documentation of an alien described 

13 in subparagraph (A) shall be revoked, re14 gardless of when such visa or other entry 

15 documentation was issued. 

16 (ii) IMMEDIATE EFFECT.—A revoca17 tion under clause (i) shall— 

18 (I) take effect immediately; and 

19 (II) automatically cancel any 

20 other valid visa or entry documenta21 tion that is in the alien’s possession. 

22 (c) IMPLEMENTATION; PENALTIES.— 

23 (1) IMPLEMENTATION.—The President may ex24 ercise all authorities provided under sections 203 

25 and 205 of the International Emergency Economic 


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1 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

2 this section. 

3 (2) PENALTIES.—A person that violates, at4 tempts to violate, conspires to violate, or causes a 

5 violation of this section or any regulation, license, or 

6 order issued to carry out this section shall be subject 

7 to the penalties set forth in subsections (b) and (c) 

8 of section 206 of the International Emergency Eco9 nomic Powers Act (50 U.S.C. 1705) to the same ex10 tent as a person that commits an unlawful act de11 scribed in subsection (a) of that section. 

12 (d) NOTIFICATION TO CONGRESS.—Not later than 10 

13 days after any imposition of sanctions pursuant to sub14 section (a), the President shall brief and provide written 

15 notification to the appropriate congressional committees 

16 regarding the imposition of sanctions that shall include— 

17 (1) a description of the foreign person or per18 sons subject to the imposition of such sanctions, in19 cluding the foreign person’s role at or relation to the 

20 International Criminal Court; 

21 (2) a description of any activity undertaken by 

22 such foreign person or persons in support of efforts 

23 to investigate, arrest, detain, or prosecute any pro24 tected person; and 


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1 (3) the specific sanctions imposed on such for2 eign person or persons. 

3 (e) SPECIAL RULE.—The President may terminate 

4 the sanctions with respect to the foreign persons described 

5 in subsection (a) if the President certifies in writing to 

6 the appropriate congressional committees that the Inter7 national Criminal Court— 

8 (1) has ceased engaging in any effort to inves9 tigate, arrest, detain, or prosecute all protected per10 sons; and 

11 (2) has permanently closed, withdrawn, ended, 

12 and otherwise terminated any preliminary examina13 tion, investigation, or any other effort by the Inter14 national Criminal Court to investigate, arrest, de15 tain, or prosecute all protected persons. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ADMITTED ALIEN.—The terms ‘‘admitted’’ 

19 and ‘‘alien’’ have the meanings given those terms in 

20 section 101 of the Immigration and Nationality Act 

21 (8 U.S.C. 1101). 

22 (2) ALLY OF THE UNITED STATES.—The term 

23 ‘‘ally of the United States’’ means— 

24 (A) a government of a member country of 

25 the North Atlantic Treaty Organization; or 


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1 (B) a government of a major non-NATO 

2 ally, as that term is defined by section 2013(7) 

3 of the American Service-Members’ Protection 

4 Act (22 U.S.C. 7432(7)). 

5 (3) APPROPRIATE CONGRESSIONAL COMMIT6 TEES DEFINED.—The term ‘‘appropriate congres7 sional committees’’ means— 

8 (A) the Committee on Foreign Affairs, the 

9 Committee on Financial Services, and the Com10 mittee on the Judiciary of the House of Rep11 resentatives; and 

12 (B) the Committee on Foreign Relations 

13 the Committee on Banking, Housing, and 

14 Urban Affairs, and the Committee on the Judi15 ciary of the Senate. 

16 (4) FOREIGN PERSON.—The term ‘‘foreign per17 son’’ means a person that is not a United States 

18 person. 

19 (5) IMMEDIATE FAMILY MEMBER.—The term 

20 ‘‘immediate family member’’, with respect to a for21 eign person, means the spouse, parent, sibling, or 

22 adult child of the person. 

23 (6) INTERNATIONAL CRIMINAL COURT; ROME

24 STATUTE.—The terms ‘‘International Criminal 

25 Court’’ and ‘‘Rome Statute’’ have the meaning given 


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1 those terms in section 2013 of the American Service2 Members’ Protection Act (22 U.S.C. 7432). 

3 (7) PROTECTED PERSON.—The term ‘‘protected 

4 person’’ means— 

5 (A) any United States person, unless the 

6 United States provides formal consent to Inter7 national Criminal Court jurisdiction and is a 

8 state party to the Rome Statute of the Inter9 national Criminal Court, including— 

10 (i) current or former members of the 

11 Armed Forces of the United States; 

12 (ii) current or former elected or ap13 pointed officials of the United States Gov14 ernment; and 

15 (iii) any other person currently or for16 merly employed by or working on behalf of 

17 the United States Government; 

18 (B) any foreign person that is a citizen or 

19 lawful resident of an ally of the United States 

20 that has not consented to International Crimi21 nal Court jurisdiction or is not a state party to 

22 the Rome Statute of the International Criminal 

23 Court, including— 


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1 (i) current or former members of the 

2 Armed Forces of such ally of the United 

3 States; 

4 (ii) current or former elected or ap5 pointed government officials of such ally of 

6 the United States; and 

7 (iii) any other person currently or for8 merly employed by or working on behalf of 

9 such a government. 

10 (8) UNITED STATES PERSON.—The term 

11 ‘‘United States person’’ means— 

12 (A) an individual who is a United States 

13 citizen or an alien lawfully admitted for perma14 nent residence to the United States; 

15 (B) an entity organized under the laws of 

16 the United States or any jurisdiction within the 

17 United States, including a foreign branch of 

18 such an entity; or 

19 (C) any person in the United States. 

Æ 


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