I
106TH CONGRESS
1ST SESSION
H. R. 2381
To prohibit United States economic assistance for countries that ratify the
treaty known as the Rome Statute of the International Criminal Court,
a treaty that provides for the establishment of an International Criminal
Court, an illegal and illegitimate institution that violates the principles
of self-government and popular sovereignty, as well as accepted norms
of international law, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 29, 1999
Mr. NEY introduced the following bill; which was referred to the Committee
on International Relations
A BILL
To prohibit United States economic assistance for countries
that ratify the treaty known as the Rome Statute of
the International Criminal Court, a treaty that provides
for the establishment of an International Criminal Court,
an illegal and illegitimate institution that violates the
principles of self-government and popular sovereignty,
as well as accepted norms of international law, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Protection of United
States Troops From Foreign Prosecution Act of 1999’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1)(A) A treaty is a contract between sovereign
nations and, like a private contract, cannot force a
nation to be subject to its terms if that nation has
not agreed to be bound by its terms.
(B) The treaty known as the Rome Statute of
the International Criminal Court, adopted in Rome,
Italy on July 17, 1998, by the United Nations Con-
ference of Plenipotentiaries on the Establishment of
an International Criminal Court (hereinafter re-
ferred to as the ‘‘ICC Treaty’’), by claiming the un-
precedented power to investigate and try citizens of
any nation—even the citizens of nations that are not
party to the treaty—based upon events taking place
in the territory of a nation party to the treaty, is en-
tirely unsupported in international law.
(2)(A) Under the terms of the ICC Treaty, an
institution, to be called the International Criminal
Court (hereinafter referred to as the ‘‘Court’’), is to
be established upon the ratification of the ICC Trea-
ty by 60 nations.
(B) The creation of this permanent, supra-
national Court, with the independent power to judge
and punish elected officials of sovereign nations for
their official actions, represents a decisive break
with fundamental United States ideals of self-gov-
ernment and popular sovereignty.
(C) The creation of the Court would constitute
the transfer of the ultimate authority to judge the
acts of United States officials away from the people
of the United States to an unelected and unaccount-
able international bureaucracy.
(3)(A) In its design and operation, the Court is
fundamentally inconsistent with core United States
political and legal values.
(B) For example, a defendant would face a ju-
dicial process almost entirely foreign to the tradi-
tions and standards of the United States and be de-
nied the right to a trial by a jury of one’s peers, rea-
sonable bail, a speedy trial, and the ability to con-
front witnesses to challenge the evidence against the
defendant.
(4)(A) A prosecutor under the ICC Treaty
would be able to appeal a verdict of acquittal, effec-
tively placing the accused in ‘‘double jeopardy’’.
(B) Such appeals are forbidden in the law of
the United States and have been inconsistent with
the Anglo-American legal tradition since the 17th
century.
(5) Because the guarantees of the Bill of Rights
in the United States Constitution would not be avail-
able to those individuals prosecuted by the Court,
the United States could not participate in, or facili-
tate, any such court.
(6)(A) If the United States were to join the
ICC Treaty, United States citizens could face re-
moval to jurisdictions outside the United States for
prosecution and judgment, without the benefit of a
trial by jury, in a tribunal that would not guarantee
many other rights granted by the United States
Constitution and laws of the United States, and
where the judges may well cherish animosities, or
prejudices against them.
(B) These are among the very offenses of the
King and Parliament listed in the Declaration of
Independence that required separation from Eng-
land, revolution, and war.
(7) The Court would be able to prosecute any
individual United States citizen, including the Presi-
dent, military and civilian officers and officials, en-
listed personnel, and even ordinary citizens who were
involved in any action the Court determined to be
within its jurisdiction.
SEC. 
3. 
PROHIBITION 
ON 
IMPLEMENTATION 
OF 
ICC
TREATY.
Notwithstanding any other provision of law, no Fed-
eral department or agency shall—
(1) take any action that has the effect of ob-
serving or implementing the provisions of the ICC
Treaty; or
(2)(A) provide funding or other support for the
International Criminal Court; or
(B) transfer any person to the custody of the
International Criminal Court.
SEC. 4. PROHIBITION ON FOREIGN ECONOMIC ASSISTANCE
FOR COUNTRIES THAT RATIFY ICC TREATY.
(a) SENSE OF THE CONGRESS.—It is the sense of the
Congress that the President should inform both allies and
adversaries of the United States that ratification of the
ICC Treaty, in view of jurisdictional claims provisions in
the Treaty that violate international law, will be consid-
ered an unfriendly act directed at the United States, and
that ratification by any foreign country will adversely af-
fect bilateral relations between the United States and that
country.
(b) PROHIBITION
ON
ECONOMIC
ASSISTANCE.—
Chapter 1 of part III of the Foreign Assistance Act of
1961 (22 U.S.C. 2351) is amended—
(1) by redesignating the second section 620G
(as added by section 149 of Public Law 104–164
(110 Stat. 1436)) as section 620J; and
(2) by adding at the end the following:
‘‘SEC. 620K. PROHIBITION ON ECONOMIC ASSISTANCE FOR
COUNTRIES THAT RATIFY ICC TREATY.
‘‘(a) PROHIBITION.—Notwithstanding any other pro-
vision of law, United States economic assistance may not
be provided, directly or indirectly, to a foreign country
that ratifies the ICC Treaty.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) ICC TREATY.—The term ‘ICC Treaty’
means the Treaty known as the Rome Statute of the
International Criminal Court adopted in Rome, Italy
on July 17, 1998, by the United Nations Conference
of Plenipotentiaries on the Establishment of an
International Criminal Court.
‘‘(2) UNITED STATES ECONOMIC ASSISTANCE.—
The term ‘United States economic assistance’ means
any assistance under part I of this Act and any as-
sistance under chapter 4 of part II of this Act, ex-
cept that such term does not include humanitarian
assistance.’’.
SEC. 5. SENSE OF THE CONGRESS RELATING TO REFERRAL
BY UNITED NATIONS TO ICC.
It is the sense of Congress that the President should
instruct the United States representative to the United
Nations to veto any attempt by the United Nations Secu-
rity Council to refer a matter to the International Crimi-
nal Court for investigation.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) ICC TREATY.—The term ‘‘ICC Treaty’’
means the Treaty known as the Rome Statute of the
International Criminal Court adopted in Rome, Italy
on July 17, 1998, by the United Nations Conference
of Plenipotentiaries on the Establishment of an
International Criminal Court.
(2) INTERNATIONAL
CRIMINAL
COURT.—The
term ‘‘International Criminal Court’’ means the in-
stitution, known as the International Criminal
Court, established upon the ratification of the ICC
Treaty by 60 nations.
Æ