McChrystal, Commander, International Security As-
sistance Force and Commander, United States 
Forces Afghanistan, were both asked, ‘‘Are you on 
record as saying that you are absolutely opposed, 
under any circumstances, to men and women in uni-
form being arrested anywhere in the world and tried 
before the ICC court as a result of their actions in 
either Iraq or Afghanistan?’’. They both responded 
in the affirmative. 
(27) The Prosecutor of the International Crimi-
nal Court, Luis Moreno-Ocampo, has reportedly 
stated that he considers all soldiers operating on the 
territory of Afghanistan—even those from nations 
who have not ratified the Rome Statute—to fall 
under the jurisdiction of the International Criminal 
Court, and that he is conducting a ‘‘preliminary in-
vestigation’’ into whether NATO troops, including 
American soldiers, have committed ‘‘war crimes’’. 
(28) Those seeking to prevent the democratic, 
Jewish State of Israel from defending itself from 
violent militant groups and their state sponsors have 
frequently attempted to use the International Crimi-
nal Court in furtherance of this objective. 
(29) From December 2008 to January of 2009, 
in response to thousands of rocket and mortar at-
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tacks spanning eight years from Hamas and other 
violent militant groups in the Gaza Strip, Israel con-
ducted Operation Cast Lead in order to defend its 
citizens from such attacks. 
(30) The Prosecutor of the International Crimi-
nal Court, Luis Moreno-Ocampo, has reportedly 
stated that he is considering a request by the Pales-
tinian Authority to exercise jurisdiction over the 
West Bank and Gaza in order to investigate Israel’s 
defensive Operation Cast Lead. 
(31) On September 15, 2009, pursuant to a 
one-sided, anti-Israel mandate from the notoriously 
biased United Nations Human Rights Council, the 
‘‘United Nations Fact Finding Mission on the Gaza 
Conflict’’ released its report (known as the 
‘‘Goldstone Report’’), which— 
(A) repeatedly made sweeping and unsub-
stantiated determinations that the Israeli mili-
tary had deliberately attacked civilians during 
Operation Cast Lead; 
(B) in effect denied the State of Israel the 
right to self-defense; 
(C) never noted the fact that Israel had 
the right to defend its citizens from the re-
peated violent attacks committed against civil-
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ian targets in southern Israel by Hamas and 
other Foreign Terrorist Organizations operating 
from Gaza; 
(D) largely ignored the culpability of the 
Government of Iran and the Government of 
Syria, both of whom sponsor Hamas and other 
violent militant groups; and 
(E) recommended that the report be re-
ferred for further action to the Prosecutor of 
the International Criminal Court. 
(32) On November 3, 2009, the United States 
House of Representatives adopted House Resolution 
867, which ‘‘consider[ed] the’’ Report of the United 
Nations Fact Finding Mission on the Gaza Conflict 
‘‘[the] Goldstone Report to be irredeemably biased 
and unworthy of further consideration or legitimacy’’ 
and ‘‘reaffirm[ed] its support for the democratic, 
Jewish State of Israel, for Israel’s security and right 
to self-defense, and, specifically, for Israel’s right to 
defend its citizens from violent militant groups and 
their state sponsors’’. 
(33) As a non-party to the Rome Statute, the 
United States is not bound by its terms, and does 
not recognize any claimed jurisdiction of the Inter-
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national Criminal Court over United States nation-
als. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the United States should not ratify the 
Rome Statute of the International Criminal Court; 
(2) the President should not submit for ratifica-
tion the Rome Statute of the International Criminal 
Court; 
(3) the President and the Secretary of State 
should not undertake further actions that could le-
gitimize the International Criminal Court; 
(4) the President and the Secretary of State 
should lead a high-level diplomatic effort to encour-
age additional countries to enter into agreements 
with the United States, pursuant to article 98 of the 
Rome Statute, preventing the International Criminal 
Court from proceeding against United States per-
sonnel present in such countries, and to strengthen 
existing article 98 agreements; 
(5) the President and the Secretary of State 
should lead a high-level diplomatic effort to defend 
the right to self-defense of the United States and 
other democracies, including the United States indis-
pensable ally Israel, against efforts such as the 
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Goldstone Report that seek to deny democracies that 
very right via entities like the International Criminal 
Court; and 
(6) the President and the Secretary of State 
should explore credible, alternative forums to combat 
impunity for war crimes and other atrocities, while 
respecting the sovereignty and right to self-defense 
of democracies with robust, autonomous, and effec-
tive judicial systems. 
SEC. 4. PROHIBITION ON USE OF FUNDS FOR PARTICIPA-
TION IN THE INTERNATIONAL CRIMINAL 
COURT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, no funds made available to any department, 
agency, or entity of the United States Government or to 
any State or local government, including any court, may 
be used for United States participation in the Inter-
national Criminal Court or its attendant activities, includ-
ing any review conference or meeting of the Assembly of 
States Parties. 
(b) RULE
OF
CONSTRUCTION.—The prohibition 
under subsection (a) shall be construed to strengthen and 
supplement, not to weaken or supplant, the prohibitions 
stated in section 2004 of the American Servicemembers’ 
Protection Act of 2002 (title II of the 2002 Supplemental 
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Appropriations Act for Further Recovery From and Re-
sponse To Terrorist Attacks on the United States (Public 
Law 107–206)). 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) INTERNATIONAL
CRIMINAL
COURT.—The 
term ‘‘International Criminal Court’’ means the 
court established by the Rome Statute. 
(2) ROME STATUTE.—The term ‘‘Rome Stat-
ute’’ means the Rome Statute of the International 
Criminal Court, adopted by the United Nations Dip-
lomatic Conference of Plenipotentiaries on the Es-
tablishment of an International Criminal Court on 
July 17, 1998. 
Æ 
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