I
107TH CONGRESS
2D SESSION
H. R. 4169
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
APRIL 11, 2002
Mr. PAUL (for himself, Mr. BARR of Georgia, Mr. HOSTETTLER, Mr. PETRI,
Mr. GOODE, Mr. WAMP, Mr. BARTLETT of Maryland, Mr. NORWOOD, Mr.
KERNS, Mr. FLAKE, Mr. CRANE, Mr. KINGSTON, Mr. MANZULLO, Mr.
DUNCAN, Mr. SCHAFFER, Mr. WELDON of Florida, Mr. SESSIONS, Mr.
ROHRABACHER, and Mr. TANCREDO) introduced the following bill; which
was referred to the Committee on International Relations
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 2002’’.
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) As of April 1, 2002, 57 member states have
ratified, accepted, or approved 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) As of April 1, 2002, the United States Sen-
ate has not ratified the Statute of the International
Criminal Court, and although a designee of former
President William J. Clinton has signed that statute
on behalf of the United States, President George W.
Bush has indicated that he will not submit the Stat-
ute of the International Criminal Court to the
United States Senate, as provided for in article II,
section 2 of the Constitution of the United States.
(7) According to article VI of the Constitution
of the United States, the Statute of the Inter-
national Criminal Court, bearing only the signature
of a person authorized by the President of the
United States, cannot be the supreme law of the
land because the statute, since it has not been rati-
fied by the United States Senate pursuant to article
II, section 2 of the Constitution, has not been
‘‘made under the authority of the United States’’.
(8) 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.
(9) 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.
(10) 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.
(11) 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,
SEC. 3. RESCISSION OF SIGNATURE.
The President of the United States should formally
rescind the signature approving the Statute of the Inter-
national Criminal Court made on behalf of the United
States and should take such steps as are necessary to pre-
vent the establishment of the International Criminal
Court.
SEC. 4. PROHIBITION OF FUNDS.
No funds appropriated or otherwise made available
by the United States Government for any purpose may
be used in any manner for the establishment or operation
of the International Criminal Court.
SEC. 5. PROTECTION OF MEMBERS OF THE UNITED STATES
ARMED FORCES AND UNITED STATES CITI-
ZENS AND NATIONALS.
(a) ACTIONS AGAINST MEMBERS OF THE ARMED
FORCES.—Any action taken by or on behalf of the Inter-
national Criminal Court against any member of the
United States Armed Forces shall be considered to be an
act of aggression against the United States.
(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. 6. PENALTIES.
Any person who knowingly violates section 4 shall be
fined not more than $50,000, or imprisoned not more than
5 years, or both.
Æ