I

107TH CONGRESS

1ST SESSION H. R. 1794

To protect United States military personnel and other elected and appointed

officials of the United States Government against criminal prosecution

by an international criminal court to which the United States is not

party.

IN THE HOUSE OF REPRESENTATIVES

MAY 10, 2001

Mr. DELAY (for himself, Mr. MURTHA, Mr. HYDE, Mr. GILMAN, and Mr.

SMITH of New Jersey) introduced the following bill; which was referred

to the Committee on International Relations

A BILL

To protect United States military personnel and other elected

and appointed officials of the United States Government

against criminal prosecution by an international criminal

court to which the United States is not party.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘American

5 Servicemembers’ Protection Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) On July 17, 1998, the United Nations Dip2 lomatic Conference of Plenipotentiaries on the Es3 tablishment of an International Criminal Court,

4 meeting in Rome, Italy, adopted the ‘‘Rome Statute

5 of the International Criminal Court.’’ The vote on

6 whether to proceed with the Statute was 120 in

7 favor to 7 against, with 21 countries abstaining. The

8 United States voted against final adoption of the

9 Rome Statute.

10 (2) As of April 30, 2001, 139 countries had

11 signed the Rome Statute and 30 had ratified it. Pur12 suant to Article 126 of the Rome Statute, the Stat13 ute will enter into force on the first day of the

14 month after the 60th day following the date on

15 which the 60th country deposits an instrument rati16 fying the Statute.

17 (3) Since adoption of the Rome Statute, a Pre18 paratory Commission for the International Criminal

19 Court has met regularly to draft documents to im20 plement the Rome Statute, including Rules of Proce21 dure and Evidence, Elements of Crimes, and a defi22 nition of the Crime of Aggression.

23 (4) During testimony before the Congress fol24 lowing the adoption of the Rome Statute, the lead

25 United States negotiator, Ambassador David
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1 Scheffer stated that the United States could not

2 sign the Rome Statute because certain critical nego3 tiating objectives of the United States had not been

4 achieved. As a result, he stated: ‘‘We are left with

5 consequences that do not serve the cause of inter6 national justice.’’

7 (5) Ambassador Scheffer went on to tell the

8 Congress that: ‘‘Multinational peacekeeping forces

9 operating in a country that has joined the treaty can

10 be exposed to the Court’s jurisdiction even if the

11 country of the individual peacekeeper has not joined

12 the treaty. Thus, the treaty purports to establish an

13 arrangement whereby United States armed forces

14 operating overseas could be conceivably prosecuted

15 by the international court even if the United States

16 has not agreed to be bound by the treaty. Not only

17 is this contrary to the most fundamental principles

18 of treaty law, it could inhibit the ability of the

19 United States to use its military to meet alliance ob20 ligations and participate in multinational operations,

21 including humanitarian interventions to save civilian

22 lives. Other contributors to peacekeeping operations

23 will be similarly exposed.’’.

24 (6) Notwithstanding these concerns, President

25 Clinton directed that the United States sign the
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1 Rome Statute on December 31, 2000. In a state2 ment issued that day, he stated that in view of the

3 unremedied deficiencies of the Rome Statute, ‘‘I will

4 not, and do not recommend that my successor sub5 mit the Treaty to the Senate for advice and consent

6 until our fundamental concerns are satisfied’’.

7 (7) Any American prosecuted by the Inter8 national Criminal Court will, under the Rome Stat9 ute, be denied procedural protections to which all

10 Americans are entitled under the Bill of Rights to

11 the United States Constitution, such as the right to

12 trial by jury.

13 (8) Members of the Armed Forces of the

14 United States deserve the full protection of the

15 United States Constitution wherever they are sta16 tioned or deployed around the world to protect the

17 vital national interests of the United States. The

18 United States Government has an obligation to pro19 tect the members of its Armed Forces, to the max20 imum extent possible, against criminal prosecutions

21 carried out by United Nations officials under proce22 dures that deny them their constitutional rights.

23 (9) In addition to exposing members of the

24 Armed Forces of the United States to the risk of

25 international criminal prosecution, the Rome Statute
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1 creates a risk that the President and other senior

2 elected and appointed officials of the United States

3 Government may be prosecuted by the International

4 Criminal Court. Particularly if the Preparatory

5 Commission agrees on a definition of the Crime of

6 Aggression over United States objections, senior

7 United States officials may be at risk of criminal

8 prosecution for national security decisions involving

9 such matters as responding to acts of terrorism, pre10 venting the proliferation of weapons of mass destruc11 tion, and deterring aggression. No less than mem12 bers of the Armed Forces of the United States, sen13 ior officials of the United States Government deserve

14 the full protection of the United States Constitution

15 with respect to official actions taken by them to pro16 tect the national interests of the United States.

17 SEC. 3. WAIVER AND TERMINATION OF PROHIBITIONS OF

18 THIS ACT.

19 (a) AUTHORITY TO INITIALLY WAIVE SECTIONS 5

20 AND 7.—The President is authorized to waive the prohibi21 tions and requirements of sections 5 and 7 for a single

22 period of one year. Such a waiver may be issued only if

23 the President at least 15 days in advance of exercising

24 such authority—
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1 (1) notifies the appropriate congressional com2 mittees of the intention to exercise such authority;

3 and

4 (2) determines and reports to the appropriate

5 congressional committees that the International

6 Criminal Court has entered into a binding agree7 ment that—

8 (A) prohibits the International Criminal

9 Court from seeking to exercise jurisdiction over

10 the following persons with respect to actions

11 undertaken by them in an official capacity:

12 (i) covered United States persons;

13 (ii) covered allied persons; and

14 (iii) individuals who were covered

15 United States persons or covered allied

16 persons; and

17 (B) ensures that no person described in

18 subparagraph (A) will be arrested, detained,

19 prosecuted, or imprisoned by or on behalf of the

20 International Criminal Court.

21 (b) AUTHORITY TO EXTEND WAIVER OF SECTIONS

22 5 AND 7.—The President is authorized to waive the prohi23 bitions and requirements of sections 5 and 7 for successive

24 periods of one year each upon the expiration of a previous

25 waiver pursuant to subsection (a) or this subsection. Such
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1 a waiver may be issued only if the President at least fif2 teen days in advance of exercising such authority—

3 (1) notifies the appropriate congressional com4 mittees of the intention to exercise such authority;

5 and

6 (2) determines and reports to the appropriate

7 congressional committees that the International

8 Criminal Court—

9 (A) remains party to, and has continued to

10 abide by, a binding agreement that—

11 (i) prohibits the International Crimi12 nal Court from seeking to exercise jurisdic13 tion over the following persons with respect

14 to actions undertaken by them in an offi15 cial capacity:

16 (I) covered United States per17 sons;

18 (II) covered allied persons; and

19 (III) individuals who were cov20 ered United States persons or covered

21 allied persons; and

22 (ii) ensures that no person described

23 in clause (i) will be arrested, detained,

24 prosecuted, or imprisoned by or on behalf

25 of the International Criminal Court; and
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1 (B) has taken no steps to arrest, detain,

2 prosecute, or imprison any person described in

3 clause (i) of subparagraph (A).

4 (c) AUTHORITY TO WAIVE SECTIONS 4 AND 6 WITH

5 RESPECT TO AN INVESTIGATION OR PROSECUTION OF A

6 NAMED INDIVIDUAL.—The President is authorized to

7 waive the prohibitions and requirements of sections 4 and

8 6 to the degree they would prevent United States coopera9 tion with an investigation or prosecution of a named indi10 vidual by the International Criminal Court. Such a waiver

11 may be issued only if the President at least 15 days in

12 advance of exercising such authority—

13 (1) notifies the appropriate congressional com14 mittees of the intention to exercise such authority;

15 and

16 (2) determines and reports to the appropriate

17 congressional committees that—

18 (A) a waiver pursuant to subsection (a) or

19 (b) of the prohibitions and requirements of sec20 tions 5 and 7 is in effect;

21 (B) there is reason to believe that the

22 named individual committed the crime or

23 crimes that are the subject of the International

24 Criminal Court’s investigation or prosecution;
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1 (C) it is in the national interest of the

2 United States for the International Criminal

3 Court’s investigation or prosecution of the

4 named individual to proceed; and

5 (D) in investigating events related to ac6 tions by the named individual, none of the fol7 lowing persons will be investigated, arrested,

8 detained, prosecuted, or imprisoned by or on

9 behalf of the International Criminal Court with

10 respect to actions undertaken by them in an of11 ficial capacity:

12 (i) Covered United States persons.

13 (ii) Covered allied persons.

14 (iii) Individuals who were covered

15 United States persons or covered allied

16 persons.

17 (d) TERMINATION OF WAIVER PURSUANT TO SUB18 SECTION (c).—Any waiver or waivers exercised pursuant

19 to subsection (c) of the prohibitions and requirements of

20 sections 4 and 6 shall terminate at any time that a waiver

21 pursuant to subsection (a) or (b) of the prohibitions and

22 requirements of sections 5 and 7 expires and is not ex23 tended pursuant to subsection (b).

24 (e) TERMINATION OF PROHIBITIONS OF THIS ACT.—

25 The prohibitions and requirements of sections 4, 5, 6, and
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1 7 shall cease to apply, and the authority of section 8 shall

2 terminate, if the United States becomes a party to the

3 International Criminal Court pursuant to a treaty made

4 under article II, section 2, clause 2 of the Constitution

5 of the United States.

6 SEC. 4. PROHIBITION ON COOPERATION WITH THE INTER7 NATIONAL CRIMINAL COURT.

8 (a) CONSTRUCTION.—The provisions of this

9 section—

10 (1) apply only to cooperation with the Inter11 national Criminal Court and shall not be construed

12 to apply to cooperation with an ad hoc international

13 criminal tribunal established by the United Nations

14 Security Council before or after the date of the en15 actment of this Act to investigate and prosecute war

16 crimes committed in a specific country or during a

17 specific conflict; and

18 (2) shall not be construed to prohibit—

19 (A) any action permitted under section 8;

20 (B) any other action taken by members of

21 the Armed Forces of the United States outside

22 the territory of the United States while engaged

23 in military operations involving the threat or

24 use of force when necessary to protect such per-
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1 sonnel from harm or to ensure the success of

2 such operations; or

3 (C) communication by the United States to

4 the International Criminal Court of its policy

5 with respect to a particular matter.

6 (b) PROHIBITION ON RESPONDING TO REQUESTS

7 FOR COOPERATION.—No agency or entity of the United

8 States Government or of any State or local government,

9 including any court, may cooperate with the International

10 Criminal Court in response to a request for cooperation

11 submitted by the International Criminal Court pursuant

12 to Part 9 of the Rome Statute.

13 (c) PROHIBITION ON SPECIFIC FORMS OF COOPERA14 TION AND ASSISTANCE.—No agency or entity of the

15 United States Government or of any State or local govern16 ment, including any court, may provide financial support

17 or other cooperation, support, or assistance to the Inter18 national Criminal Court, including by undertaking any ac19 tion described in the following articles of the Rome Statute

20 with the purpose or intent of cooperating with, or other21 wise providing support or assistance to, the International

22 Criminal Court:

23 (1) Article 89 (relating to arrest, extradition,

24 and transit of suspects).
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1 (2) Article 92 (relating to provisional arrest of

2 suspects).

3 (3) Article 93 (relating to seizure of property,

4 asset forfeiture, execution of searches and seizures,

5 service of warrants and other judicial process, taking

6 of evidence, and similar matters).

7 (d) RESTRICTION ON ASSISTANCE PURSUANT TO

8 MUTUAL LEGAL ASSISTANCE TREATIES.—The United

9 States shall exercise its rights to limit the use of assist10 ance provided under all treaties and executive agreements

11 for mutual legal assistance in criminal matters, multilat12 eral conventions with legal assistance provisions, and ex13 tradition treaties, to which the United States is a party,

14 and in connection with the execution or issuance of any

15 letter rogatory, to prevent the transfer to, or other use

16 by, the International Criminal Court of any assistance

17 provided by the United States under such treaties and let18 ters rogatory.

19 (e) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF

20 AGENTS.—No agent of the International Criminal Court

21 may conduct, in the United States or any territory subject

22 to the jurisdiction of the United States, any investigative

23 activity relating to a preliminary inquiry, investigation,

24 prosecution, or other proceeding at the International

25 Criminal Court.
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1 SEC. 5. RESTRICTION ON UNITED STATES PARTICIPATION

2 IN CERTAIN UNITED NATIONS PEACE3 KEEPING OPERATIONS.

4 (a) POLICY.—Effective beginning on the date on

5 which the Rome Statute enters into force pursuant to Ar6 ticle 126 of the Rome Statute, the President should use

7 the voice and vote of the United States in the United Na8 tions Security Council to ensure that each resolution of

9 the Security Council authorizing any peacekeeping oper10 ation under chapter VI of the charter of the United Na11 tions or peace enforcement operation under chapter VII

12 of the charter of the United Nations permanently exempts,

13 at a minimum, members of the Armed Forces of the

14 United States participating in such operation from crimi15 nal prosecution by the International Criminal Court for

16 actions undertaken by such personnel in connection with

17 the operation.

18 (b) RESTRICTION.—Members of the Armed Forces of

19 the United States may not participate in any peacekeeping

20 operation under chapter VI of the charter of the United

21 Nations or peace enforcement operation under chapter VII

22 of the charter of the United Nations, the creation of which

23 is authorized by the United Nations Security Council on

24 or after the date that the Rome Statute enters into effect

25 pursuant to Article 126 of the Rome Statute, unless the

26 President has submitted to the appropriate congressional
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1 committees a certification described in subsection (c) with

2 respect to such operation.

3 (c) CERTIFICATION.—The certification referred to in

4 subsection (b) is a certification by the President that

5 members of the Armed Forces of the United States are

6 able to participate in the peacekeeping or peace enforce7 ment operation without risk of criminal prosecution by the

8 International Criminal Court because—

9 (1) in authorizing the operation, the United

10 Nations Security Council permanently exempted, at

11 a minimum, members of the Armed Forces of the

12 United States participating in the operation from

13 criminal prosecution by the International Criminal

14 Court for actions undertaken by them in connection

15 with the operation;

16 (2) each country in which members of the

17 Armed Forces of the United States participating in

18 the operation will be present is either not a party to

19 the International Criminal Court and has not in20 voked the jurisdiction of the International Criminal

21 Court pursuant to Article 12 of the Rome Statute,

22 or has entered into an agreement in accordance with

23 Article 98 of the Rome Statute preventing the Inter24 national Criminal Court from proceeding against
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1 members of the Armed Forces of the United States

2 present in that country; or

3 (3) the United States has taken other appro4 priate steps to guarantee that members of the

5 Armed Forces of the United States participating in

6 the operation will not be prosecuted by the Inter7 national Criminal Court for actions undertaken by

8 such personnel in connection with the operation.

9 SEC. 6. PROHIBITION ON DIRECT OR INDIRECT TRANSFER

10 OF CERTAIN CLASSIFIED NATIONAL SECU11 RITY INFORMATION TO THE INTERNATIONAL

12 CRIMINAL COURT.

13 (a) DIRECT TRANSFER.—Not later than the date on

14 which the Rome Statute enters into force, the President

15 shall ensure that appropriate procedures are in place to

16 prevent the transfer of classified national security infor17 mation to the International Criminal Court.

18 (b) INDIRECT TRANSFER.—Not later than the date

19 on which the Rome Statute enters into force, the President

20 shall ensure that appropriate procedures are in place to

21 prevent the transfer of classified national security infor22 mation relevant to matters under consideration by the

23 International Criminal Court to the United Nations and

24 to the government of any country that is a party to the

25 International Criminal Court unless the United Nations
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1 or that government, as the case may be, has provided writ2 ten assurances that such information will not be made

3 available to the International Criminal Court.

4 (c) CONSTRUCTION.—The provisions of this section

5 shall not be construed to prohibit any action permitted

6 under section 8.

7 SEC. 7. PROHIBITION OF UNITED STATES MILITARY ASSIST8 ANCE TO PARTIES TO THE INTERNATIONAL

9 CRIMINAL COURT.

10 (a) PROHIBITION OF MILITARY ASSISTANCE.—Sub11 ject to subsections (b) and (c), no United States military

12 assistance may be provided to the government of a country

13 that is a party to the International Criminal Court.

14 (b) WAIVER.—The President may waive the prohibi15 tion of subsection (a) with respect to a particular

16 country—

17 (1) for one or more periods not exceeding one

18 year each, if the President determines and reports to

19 the appropriate congressional committees that it is

20 vital to the national interest of the United States to

21 waive such prohibition; and

22 (2) permanently, if the President determines

23 and reports to the appropriate congressional com24 mittees that such country has entered into an agree25 ment with the United States pursuant to Article 98
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1 of the Rome Statute preventing the International

2 Criminal Court from proceeding against United

3 States personnel present in such country.

4 (c) EXEMPTION.—The prohibition of subsection (a)

5 shall not apply to the government of—

6 (1) a NATO member country;

7 (2) a major non-NATO ally (including, inter

8 alia, Australia, Egypt, Israel, Japan, the Republic of

9 Korea, and New Zealand); or

10 (3) Taiwan.

11 SEC. 8. AUTHORITY TO FREE MEMBERS OF THE ARMED

12 FORCES OF THE UNITED STATES AND CER13 TAIN OTHER PERSONS HELD CAPTIVE BY OR

14 ON BEHALF OF THE INTERNATIONAL CRIMI15 NAL COURT.

16 (a) AUTHORITY.—The President is authorized to use

17 all means necessary and appropriate to bring about the

18 release from captivity of any person described in sub19 section (b) who is being detained or imprisoned against

20 that person’s will by or on behalf of the International

21 Criminal Court.

22 (b) PERSONS AUTHORIZED TO BE FREED.—The au23 thority of subsection (a) shall extend to the following per24 sons:

25 (1) Covered United States persons.
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1 (2) Covered allied persons.

2 (3) Individuals detained or imprisoned for offi3 cial actions taken while the individual was a covered

4 United States person or a covered allied person, and

5 in the case of a covered allied person, upon the re6 quest of such government.

7 (c) AUTHORIZATION OF LEGAL ASSISTANCE.—When

8 any person described in subsection (b) is arrested, de9 tained, prosecuted, or imprisoned by or on behalf of the

10 International Criminal Court, the authority under sub11 section (a) may be used—

12 (1) for the provision of legal representation and

13 other legal assistance to that person (including, in

14 the case of a person entitled to assistance under sec15 tion 1037 of title 10, United States Code, represen16 tation and other assistance in the manner provided

17 in that section); and

18 (2) for the provision of exculpatory evidence on

19 behalf of that person.

20 (d) BRIBES AND OTHER INDUCEMENTS NOT AU21 THORIZED.—Subsection (a) does not authorize the pay22 ment of bribes or the provision of other incentives to in23 duce the release from captivity of a person described in

24 subsection (b).
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1 SEC. 9. ALLIANCE COMMAND ARRANGEMENTS.

2 (a) REPORT ON ALLIANCE COMMAND ARRANGE3 MENTS.—Not later than 6 months after the date of the

4 enactment of this Act, the President shall transmit to the

5 appropriate congressional committees a report with re6 spect to each military alliance to which the United States

7 is party—

8 (1) describing the degree to which members of

9 the Armed Forces of the United States may, in the

10 context of military operations undertaken by or pur11 suant to that alliance, be placed under the command

12 or operational control of foreign military officers

13 subject to the jurisdiction of the International Crimi14 nal Court because they are nationals of a party to

15 the International Criminal Court; and

16 (2) evaluating the degree to which members of

17 the Armed Forces of the United States engaged in

18 military operations undertaken by or pursuant to

19 that alliance may be exposed to greater risks as a

20 result of being placed under the command or oper21 ational control of foreign military officers subject to

22 the jurisdiction of the International Criminal Court.

23 (b) DESCRIPTION OF MEASURES TO ACHIEVE EN24 HANCED PROTECTION FOR MEMBERS OF THE ARMED

25 FORCES OF THE UNITED STATES.—Not later than one

26 year after the date of the enactment of this Act, the Presi-
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1 dent shall transmit to the appropriate congressional com2 mittees a description of modifications to command and

3 operational control arrangements within military alliances

4 to which the United States is a party that could be made

5 in order to reduce any risks to members of the Armed

6 Forces of the United States identified pursuant to sub7 section (a)(2).

8 (c) SUBMISSION IN CLASSIFIED FORM.—The report

9 under subsection (a), and the description of measures

10 under subsection (b), or appropriate parts thereof, may

11 be submitted in classified form.

12 SEC. 10. WITHHOLDINGS.

13 Funds withheld from the United States share of as14 sessments to the United Nations or any other inter15 national organization during any fiscal year pursuant to

16 section 705 of the Admiral James W. Nance and Meg

17 Donovan Foreign Relations Authorization Act, Fiscal

18 Years 2000 and 2001 (as enacted by section 1000(a)(7)

19 of Public Law 106–113; 113 Stat. 1501A–460), are au20 thorized to be transferred to the Embassy Security, Con21 struction and Maintenance Account of the Department of

22 State.

23 SEC. 11. NONDELEGATION.

24 The authorities vested in the President by sections

25 3, 5(c), and 7(b) may not be delegated by the President
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1 pursuant to section 301 of title 3, United States Code,

2 or any other provision of law.

3 SEC. 12. DEFINITIONS.

4 As used in this Act and in sections 705 and 706 of

5 the Admiral James W. Nance and Meg Donovan Foreign

6 Relations Authorization Act, Fiscal Years 2000 and 2001:

7 (1) APPROPRIATE CONGRESSIONAL COMMIT8 TEES.—The term ‘‘appropriate congressional com9 mittees’’ means the Committee on International Re10 lations of the House of Representatives and the

11 Committee on Foreign Relations of the Senate.

12 (2) CLASSIFIED NATIONAL SECURITY INFORMA13 TION.—The term ‘‘classified national security infor14 mation’’ means information that is classified or clas15 sifiable under Executive Order 12958 or a successor

16 Executive order.

17 (3) COVERED ALLIED PERSONS.—The term

18 ‘‘covered allied persons’’ means military personnel,

19 elected or appointed officials, and other persons em20 ployed by or working on behalf of the government of

21 a NATO member country, a major non-NATO ally

22 (including, inter alia, Australia, Egypt, Israel,

23 Japan, the Republic of Korea, and New Zealand), or

24 Taiwan, for so long as that government is not a

25 party to the International Criminal Court and wish-
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1 es its officials and other persons working on its be2 half to be exempted from the jurisdiction of the

3 International Criminal Court.

4 (4) COVERED UNITED STATES PERSONS.—The

5 term ‘‘covered United States persons’’ means mem6 bers of the Armed Forces of the United States,

7 elected or appointed officials of the United States

8 Government, and other persons employed by or

9 working on behalf of the United States Government,

10 for so long as the United States is not a party to

11 the International Criminal Court.

12 (5) EXTRADITION.—The terms ‘‘extradition’’

13 and ‘‘extradite’’ include both ‘‘extradition’’ and ‘‘sur14 render’’ as those terms are defined in article 102 of

15 the Rome Statute.

16 (6) INTERNATIONAL CRIMINAL COURT.—The

17 term ‘‘International Criminal Court’’ means the

18 court established by the Rome Statute.

19 (7) MAJOR NON-NATO ALLY.—The term ‘‘major

20 non-NATO ally’’ means a country that has been so

21 designated in accordance with section 517 of the

22 Foreign Assistance Act of 1961.

23 (8) PARTY TO THE INTERNATIONAL CRIMINAL

24 COURT.—The term ‘‘party to the International

25 Criminal Court’’ means a government that has de-
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1 posited an instrument of ratification, acceptance, ap2 proval, or accession to the Rome Statute, and has

3 not withdrawn from the Rome Statute pursuant to

4 Article 127 thereof.

5 (9) PEACEKEEPING OPERATION UNDER CHAP6 TER VI OF THE CHARTER OF THE UNITED NATIONS

7 OR PEACE ENFORCEMENT OPERATION UNDER CHAP8 TER VII OF THE CHARTER OF THE UNITED NA9 TIONS.—The term ‘‘peacekeeping operation under

10 chapter VI of the charter of the United Nations or

11 peace enforcement operation under chapter VII of

12 the charter of the United Nations’’ means any mili13 tary operation to maintain or restore international

14 peace and security that—

15 (A) is authorized by the United Nations

16 Security Council under chapter VI or VII of the

17 charter of the United Nations; and

18 (B) is paid for from assessed contributions

19 of United Nations members that are made

20 available for peacekeeping or peace enforcement

21 activities.

22 (10) ROME STATUTE.—The term ‘‘Rome Stat23 ute’’ means the Rome Statute of the International

24 Criminal Court, adopted by the United Nations Dip25 lomatic Conference of Plenipotentiaries on the Es-
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1 tablishment of an International Criminal Court on

2 July 17, 1998.

3 (11) SUPPORT.—The term ‘‘support’’ means as4 sistance of any kind, including financial support,

5 material support, services, intelligence sharing, law

6 enforcement cooperation, the training or detail of

7 personnel, and the arrest or detention of individuals.

8 (12) UNITED STATES MILITARY ASSISTANCE.—

9 The term ‘‘United States military assistance’’

10 means—

11 (A) assistance provided under chapters 2

12 through 6 of part II of the Foreign Assistance

13 Act of 1961 (22 U.S.C. 2311 et seq.);

14 (B) defense articles or defense services fur15 nished with the financial assistance of the

16 United States Government, including through

17 loans and guarantees; or

18 (C) military training or education activities

19 provided by any agency or entity of the United

20 States Government.

21 Such term does not include activities reportable

22 under title V of the National Security Act of 1947

23 (50 U.S.C. 413 et seq.).

Æ