I 
108TH CONGRESS 
1ST SESSION H. R. 1154
To provide that the International Criminal Court is not valid with respect 
to the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 6, 2003
Mr. PAUL (for himself, Mr. NORWOOD, Mr. DUNCAN, Mr. GOODE, Mr. SES-
SIONS, Mrs. MUSGRAVE, Mr. FLAKE, and Mr. AKIN) introduced the fol-
lowing bill; which was referred to the Committee on International Rela-
tions 
A BILL 
To provide that the International Criminal Court is not 
valid with respect to the United States, 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 
‘‘American 
Servicemember and Citizen Protection Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) In December 1997, the General Assembly of 
the United Nations called for the convening of a dip-
lomatic conference in Rome, Italy, from June 15 
through July 17, 1998, to adopt a Convention on 
the Establishment of an International Criminal 
Court. 
(2) Pursuant to this call, the United Nations 
Diplomatic Conference of Plenipotentiaries on the 
Establishment of an International Criminal Court 
convened in Rome, Italy, and on July 17, 1998, pro-
posed the Statute of the International Criminal 
Court for ‘‘ratification, acceptance, or approval’’ by 
the member states of the United Nations. 
(3) According to article 127 of the Statute of 
the International Criminal Court, the Statute of the 
International Criminal Court shall take effect upon 
the ‘‘ratification, acceptance, or approval’’ of 60 
member states. 
(4) In April 2002, the 60th member state rati-
fied the Statute of the International Criminal Court. 
(5) According to articles 12 and 25 of the Stat-
ute of the International Criminal Court, the jurisdic-
tion of the International Criminal Court shall extend 
to individual United States citizens even if the 
United States does not ‘‘ratify, accept, or approve’’ 
the Statute of the International Criminal Court.
(6) On May 6, 2002, President George W. 
Bush repudiated the signature of the United States 
on the Statute of the International Criminal Court, 
stating that the United States ‘‘can no longer be a 
party’’ to the International Criminal Court and re-
questing that those who have chosen to be a party 
to the Court respect the decision of the United 
States. 
(7) According to the 1969 Vienna Convention 
on the Law of Treaties, no nation may be bound by 
a treaty to which that nation has not consented; 
therefore the United States, which has not consented 
to the Statute of the International Criminal Court in 
the manner prescribed by the Constitution of the 
United States, cannot be bound by the Statute of 
the International Criminal Court even if 60 coun-
tries ratify, accept, or approve it. 
(8) The Statute of the International Criminal 
Court is an ultra vires act, wholly unauthorized by 
the Charter of the United Nations, since it was en-
acted by a Conference of Diplomats convened by the 
United Nations General Assembly in contravention 
of the powers of the United Nations Security Coun-
cil which, under the Charter of the United Nations,
alone has primary responsibility for the maintenance 
of international peace and security. 
(9) The Statute of the International Criminal 
Court also contravenes the principle of government 
only by the consent of the governed that is enshrined 
in the American national charter, the Declaration of 
Independence, because the International Criminal 
Court claims jurisdiction over citizens of the United 
States without their consent or without the consent 
of the United States Government. 
(10) The Statute of the International Criminal 
Court also contravenes the principles of separation 
of powers, federalism, and trial by jury that are 
guaranteed by the Constitution of the United States, 
because the International Criminal Court has been 
endowed with legislative, executive, and judicial pow-
ers and with criminal jurisdiction without regard to 
the jurisdiction of the United States and the several 
States. 
(11) The International Criminal Court, by de-
sign and effect, is an illegitimate court, established 
contrary to the provisions of the Charter of the 
United Nations, the American Declaration of Inde-
pendence, and the Constitution of the United States, 
and as such, puts United States citizens in jeopardy
(b) ACTIONS AGAINST UNITED STATES CITIZENS OR 
NATIONALS.—Any action taken by or on behalf of the 
International Criminal Court against any individual who 
is a citizen or national of the United States shall be con-
sidered to be an offense against the law of nations. 
SEC. 5. PENALTIES. 
Any person who knowingly violates section 3 shall be 
fined not more than $50,000, or imprisoned not more than 
5 years, or both.
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