[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1610 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1610

   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 SENATE OF THE UNITED STATES

                            November 1, 2001

 Mr. Helms (for himself and Mr. Craig) introduced the following bill; 
which was read twice and referred to the Committee on Foreign 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Servicemembers' Protection 
Act of 2001''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) On July 17, 1998, the United Nations Diplomatic 
        Conference of Plenipotentiaries on the Establishment of an 
        International Criminal Court, meeting in Rome, Italy, adopted 
        the ``Rome Statute of the International Criminal Court''. The 
        vote on whether to proceed with the statute was 120 in favor to 
        7 against, with 21 countries abstaining. The United States 
        voted against final adoption of the Rome Statute.
            (2) As of April 30, 2001, 139 countries had signed the Rome 
        Statute and 30 had ratified it. Pursuant to Article 126 of the 
        Rome Statute, the statute will enter into force on the first 
        day of the month after the 60th day following the date on which 
        the 60th country deposits an instrument ratifying the statute.
            (3) Since adoption of the Rome Statute, a Preparatory 
        Commission for the International Criminal Court has met 
        regularly to draft documents to implement the Rome Statute, 
        including Rules of Procedure and Evidence, Elements of Crimes, 
        and a definition of the Crime of Aggression.
            (4) During testimony before the Congress following the 
        adoption of the Rome Statute, the lead United States 
        negotiator, Ambassador David Scheffer stated that the United 
        States could not sign the Rome Statute because certain critical 
        negotiating objectives of the United States had not been 
        achieved. As a result, he stated: ``We are left with 
        consequences that do not serve the cause of international 
        justice.''
            (5) Ambassador Scheffer went on to tell the Congress that: 
        ``Multinational peacekeeping forces operating in a country that 
        has joined the treaty can be exposed to the Court's 
        jurisdiction even if the country of the individual peacekeeper 
        has not joined the treaty. Thus, the treaty purports to 
        establish an arrangement whereby United States armed forces 
        operating overseas could be conceivably prosecuted by the 
        international court even if the United States has not agreed to 
        be bound by the treaty. Not only is this contrary to the most 
        fundamental principles of treaty law, it could inhibit the 
        ability of the United States to use its military to meet 
        alliance obligations and participate in multinational 
        operations, including humanitarian interventions to save 
        civilian lives. Other contributors to peacekeeping operations 
        will be similarly exposed.''.
            (6) Notwithstanding these concerns, President Clinton 
        directed that the United States sign the Rome Statute on 
        December 31, 2000. In a statement issued that day, he stated 
        that in view of the unremedied deficiencies of the Rome 
        Statute, ``I will not, and do not recommend that my successor 
        submit the Treaty to the Senate for advice and consent until 
        our fundamental concerns are satisfied''.
            (7) Any American prosecuted by the International Criminal 
        Court will, under the Rome Statute, be denied procedural 
        protections to which all Americans are entitled under the Bill 
        of Rights to the United States Constitution, such as the right 
        to trial by jury.
            (8) Members of the Armed Forces of the United States should 
        be free from the risk of prosecution by the International 
        Criminal Court, especially when they are stationed or deployed 
        around the world to protect the vital national interests of the 
        United States. The United States Government has an obligation 
        to protect the members of its Armed Forces, to the maximum 
        extent possible, against criminal prosecutions carried out by 
        the International Criminal Court.
            (9) In addition to exposing members of the Armed Forces of 
        the United States to the risk of international criminal 
        prosecution, the Rome Statute creates a risk that the President 
        and other senior elected and appointed officials of the United 
        States Government may be prosecuted by the International 
        Criminal Court. Particularly if the Preparatory Commission 
        agrees on a definition of the Crime of Aggression over United 
        States objections, senior United States officials may be at 
        risk of criminal prosecution for national security decisions 
        involving such matters as responding to acts of terrorism, 
        preventing the proliferation of weapons of mass destruction, 
        and deterring aggression. No less than members of the Armed 
        Forces of the United States, senior officials of the United 
        States Government should be free from the risk of prosecution 
        by the International Criminal Court, especially with respect to 
        official actions taken by them to protect the national 
        interests of the United States.
            (10) Any agreement within the Preparatory Commission on a 
        definition of the Crime of Aggression that usurps the 
        prerogative of the United Nations Security Council under 
        Article 39 of the charter of the United Nations to ``determine 
        the existence of any .... act of aggression'' would contravene 
        the charter of the United Nations and undermine deterrence.
            (11) It is a fundamental principle of international law 
        that a treaty is binding upon its parties  only and that it 
does not create obligations for nonparties without their consent to be 
bound. The United States is not a party to the Rome Statute and will 
not be bound by any of its terms. The United States will not recognize 
the jurisdiction of the International Criminal Court over United States 
nationals.

SEC. 3. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS ACT.

    (a) Authority To Initially Waive Sections 5 and 7.--The President 
is authorized to waive the prohibitions and requirements of sections 5 
and 7 for a single period of one year. A waiver under this subsection 
may be issued only if the President at least 15 days in advance of 
exercising such authority--
            (1) notifies the appropriate congressional committees of 
        the intention to exercise such authority; and
            (2) determines and reports to the appropriate congressional 
        committees that the International Criminal Court has entered 
        into a binding agreement that--
                    (A) prohibits the International Criminal Court from 
                seeking to exercise jurisdiction over the following 
                persons with respect to actions undertaken by them in 
                any capacity:
                            (i) covered United States persons;
                            (ii) covered allied persons; and
                            (iii) individuals who were covered United 
                        States persons or covered allied persons; and
                    (B) ensures that no person described in 
                subparagraph (A) will be arrested, detained, 
                prosecuted, or imprisoned by or on behalf of the 
                International Criminal Court.
    (b) Authority To Extend Waiver of Sections 5 and 7.--The President 
is authorized to waive the prohibitions and requirements of sections 5 
and 7 for successive periods of one year each upon the expiration of a 
previous waiver pursuant to subsection (a) or this subsection. A waiver 
under this subsection may be issued only if the President at least 
fifteen days in advance of exercising such authority--
            (1) notifies the appropriate congressional committees of 
        the intention to exercise such authority; and
            (2) determines and reports to the appropriate congressional 
        committees that the International Criminal Court--
                    (A) remains party to, and has continued to abide 
                by, a binding agreement that--
                            (i) prohibits the International Criminal 
                        Court from seeking to exercise jurisdiction 
                        over the following persons with respect to 
                        actions undertaken by them in any capacity:
                                    (I) covered United States persons;
                                    (II) covered allied persons; and
                                    (III) individuals who were covered 
                                United States persons or covered allied 
                                persons; and
                            (ii) ensures that no person described in 
                        clause (i) will be arrested, detained, 
                        prosecuted, or imprisoned by or on behalf of 
                        the International Criminal Court; and
                    (B) has taken no steps to arrest, detain, 
                prosecute, or imprison any person described in clause 
                (i) of subparagraph (A).
    (c) Authority To Waive Sections 4 and 6 With Respect to an 
Investigation or Prosecution of a Named Individual.--The President is 
authorized to waive the prohibitions and requirements of sections 4 and 
6 to the degree such prohibitions and requirements would prevent United 
States cooperation with an investigation or prosecution of a named 
individual by the International Criminal Court. A waiver under this 
subsection may be issued only if the President at least 15 days in 
advance of exercising such authority--
            (1) notifies the appropriate congressional committees of 
        the intention to exercise such authority; and
            (2) determines and reports to the appropriate congressional 
        committees that--
                    (A) a waiver pursuant to subsection (a) or (b) of 
                the prohibitions and requirements of sections 5 and 7 
                is in effect;
                    (B) there is reason to believe that the named 
                individual committed the crime or crimes that are the 
                subject of the International Criminal Court's 
                investigation or prosecution;
                    (C) it is in the national interest of the United 
                States for the International Criminal Court's 
                investigation or prosecution of the named individual to 
                proceed; and
                    (D) in investigating events related to actions by 
                the named individual, none of the following persons 
                will be investigated, arrested, detained, prosecuted, 
                or imprisoned by or on behalf of the International 
                Criminal Court with respect to actions undertaken by 
                them in any capacity:
                            (i) Covered United States persons.
                            (ii) Covered allied persons.
                            (iii) Individuals who were covered United 
                        States persons or covered allied persons.
    (d) Termination of Waiver Pursuant to Subsection (c).--Any waiver 
or waivers exercised pursuant to subsection (c) of the prohibitions and 
requirements of sections 4 and 6 shall terminate at any time that a 
waiver pursuant to subsection (a) or (b) of the prohibitions and 
requirements of sections 5 and 7 expires and is not extended pursuant 
to subsection (b).

SEC. 4. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL 
              COURT.

    (a) Application.--The provisions of this section--
            (1) apply only to cooperation with the International 
        Criminal Court and shall not apply to cooperation with an ad 
        hoc international criminal tribunal established by the United 
        Nations Security Council before or after the date of the 
        enactment of this Act to investigate and prosecute war crimes  
committed in a specific country or during a specific conflict; and
            (2) shall not prohibit--
                    (A) any action permitted under section 8; or
                    (B) communication by the United States of its 
                policy with respect to a matter.
    (b) Prohibition on Responding to Requests for Cooperation.--
Notwithstanding section 1782 of title 28, United States Code, or any 
other provision of law, no United States Court, and no agency or entity 
of any State or local government, including any court, may cooperate 
with the International Criminal Court in response to a request for 
cooperation submitted by the International Criminal Court pursuant to 
the Rome Statute.
    (c) Prohibition on Transmittal of Letters Rogatory From the 
International Criminal Court.--Notwithstanding section 1781 of title 
28, United States Code, or any other provision of law, no agency of the 
United States Government may transmit for execution any letter rogatory 
issued, or other request for cooperation made, by the International 
Criminal Court to the tribunal, officer, or agency in the United States 
to whom it is addressed.
    (d) Prohibition on Provision of Support to the International 
Criminal Court.--Notwithstanding any other provision of law, no agency 
or entity of the United States Government or of any State or local 
government, including any court, may provide support to the 
International Criminal Court.
    (e) Prohibition on Use of Appropriated Funds To Assist the 
International Criminal Court.--Notwithstanding any other provision of 
law, no funds appropriated under any provision of law may be used for 
the purpose of assisting the investigation, arrest, detention, 
extradition, or prosecution of any United States citizen or permanent 
resident alien by the International Criminal Court.
    (f) Restriction on Assistance Pursuant to Mutual Legal Assistance 
Treaties.--The United States shall exercise its rights to limit the use 
of assistance provided under all treaties and executive agreements for 
mutual legal assistance in criminal matters, multilateral conventions 
with legal assistance provisions, and extradition treaties, to which 
the United States is a party, and in connection with the execution or 
issuance of any letter rogatory, to prevent the transfer to, or other 
use by, the International Criminal Court of any assistance provided by 
the United States under such treaties and letters rogatory.
    (g) Prohibition on Investigative Activities of Agents.--No agent of 
the International Criminal Court may conduct, in the United States or 
any territory subject to the jurisdiction of the United States, any 
investigative activity relating to a preliminary inquiry, 
investigation, prosecution, or other proceeding at the International 
Criminal Court.

SEC. 5. RESTRICTION ON UNITED STATES PARTICIPATION IN CERTAIN UNITED 
              NATIONS PEACEKEEPING OPERATIONS.

    (a) Policy.--Effective beginning on the date on which the Rome 
Statute enters into force pursuant to Article 126 of the Rome Statute, 
the President should use the voice and vote of the United States in the 
United Nations Security Council to ensure that each resolution of the 
Security Council authorizing any peacekeeping operation under chapter 
VI of the charter of the United Nations or peace enforcement operation 
under chapter VII of the charter of the United Nations permanently 
exempts, at a minimum, covered United States persons participating in 
such operation from criminal prosecution or other assertion of 
jurisdiction by the International Criminal Court for actions undertaken 
by such personnel in connection with the operation.
    (b) Restriction.--Covered United States persons may not participate 
in any peacekeeping operation under chapter VI of the charter of the 
United Nations or peace enforcement operation under chapter VII of the 
charter of the United Nations, the creation of which is authorized by 
the United Nations Security Council on or after the date that the Rome 
Statute enters into effect pursuant to Article 126 of the Rome Statute, 
unless the President has submitted to the appropriate congressional 
committees a certification described in subsection (c) with respect to 
such operation.
    (c) Certification.--The certification referred to in subsection (b) 
is a certification by the President that--
            (1) covered United States persons are able to participate 
        in the peacekeeping or peace enforcement operation without risk 
        of criminal prosecution or other assertion of jurisdiction by 
        the International Criminal Court because, in authorizing the 
        operation, the United Nations Security Council permanently 
        exempted, at a minimum, covered United States persons 
        participating in the operation from criminal prosecution or 
        other assertion of jurisdiction by the International Criminal 
        Court for actions undertaken by them in connection with the 
        operation;
            (2) covered United States persons are able to participate 
        in the peacekeeping or peace enforcement operation without risk 
        of criminal prosecution or other assertion of jurisdiction by 
        the International Criminal Court because each country in which 
        covered United States persons participating in the operation 
        will be present either is not a party to the International 
        Criminal Court and has not invoked the jurisdiction of the 
        International Criminal Court pursuant to Article 12 of the Rome 
        Statute, or has entered into an agreement in accordance with 
        Article 98 of the Rome Statute preventing the International 
        Criminal Court from proceeding against covered United States 
        persons present in that country; or
            (3) the United States has taken other appropriate steps to 
        guarantee that covered United States persons participating in 
        the operation will not be prosecuted by the International 
        Criminal Court for actions undertaken by such personnel in 
        connection with the operation.

SEC. 6. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED 
              NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT 
              INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.

    (a) In General.--Not later than the date on which the Rome Statute 
enters into force, the President shall ensure that appropriate 
procedures are in place to prevent the transfer of classified national 
security information and law enforcement information to the 
International Criminal Court for the purpose of facilitating an 
investigation, apprehension, or prosecution.
    (b) Indirect Transfer.--The procedures adopted pursuant to 
subsection (a) shall be designed to prevent the transfer to the United 
Nations and to the government of any country that is party to the 
International Criminal Court of classified national security 
information and law enforcement information that specifically relates 
to matters known to be under investigation or prosecution by the 
International Criminal Court, except to the degree that satisfactory 
assurances are received from the United Nations or that government, as 
the case may be, that such information will not be made available to 
the International Criminal Court for the purpose of facilitating an 
investigation, apprehension, or prosecution.
    (c) Construction.--The provisions of this section shall not be 
construed to prohibit any action permitted under section 8.

SEC. 7. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE TO PARTIES TO 
              THE INTERNATIONAL CRIMINAL COURT.

    (a) Prohibition of Military Assistance.--Subject to subsections (b) 
and (c), and effective one year after the date on which the Rome 
Statute enters into force pursuant to Article 126 of the Rome Statute, 
no United States military assistance may be provided to the government 
of a country that is a party to the International Criminal Court.
    (b) National Interest Waiver.--The President may, without prior 
notice to Congress, waive the prohibition of subsection (a) with 
respect to a particular country if he determines and reports to the 
appropriate congressional committees that it is important to the 
national interest of the United States to waive such prohibition.
    (c) Article 98 Waiver.--The President may, without prior notice to 
Congress, waive the prohibition of subsection (a) with respect to a 
particular country if he determines and reports to the appropriate 
congressional committees that such country has entered into an 
agreement with the United States pursuant to Article 98 of the Rome 
Statute preventing the International Criminal court from proceeding 
against United States personnel present in such country.
    (d) Exemption.--The prohibition of subsection (a) shall not apply 
to the government of--
            (1) a NATO member country;
            (2) a major non-NATO ally (including Australia, Egypt, 
        Israel, Japan, Jordan, Argentina, the Republic of Korea, and 
        New Zealand); or
            (3) Taiwan.

SEC. 8. AUTHORITY TO FREE COVERED UNITED STATES PERSONS AND CERTAIN 
              OTHER PERSONS DETAINED OR IMPRISONED BY OR ON BEHALF OF 
              THE INTERNATIONAL CRIMINAL COURT.

    (a) Authority.--The President is authorized to use all means 
necessary and appropriate to bring about the release of any person 
described in subsection (b) who is being detained or imprisoned by, on 
behalf of, or at the request of the International Criminal Court.
    (b) Persons Authorized To Be Freed.--The authority of subsection 
(a) shall extend to the following persons:
            (1) Covered United States persons.
            (2) Covered allied persons.
            (3) Individuals detained or imprisoned for official actions 
        taken while the individual was a covered United States person 
        or a covered allied person, and in the case of a covered allied 
        person, upon the request of such government.
    (c) Authorization of Legal Assistance.--When any person described 
in subsection (b) is arrested, detained, investigated, prosecuted, or 
imprisoned by, on behalf of, or at the request of the International 
Criminal Court, the President is authorized to direct any agency of the 
United States Government to provide--
            (1) legal representation and other legal assistance to that 
        person (including, in the case of a person entitled to 
        assistance under section 1037 of title 10, United States Code, 
        representation and other assistance in the manner provided in 
        that section);
            (2) exculpatory evidence on behalf of that person; and
            (3) defense of the interests of the United States through 
        appearance before the International Criminal Court pursuant to 
        Article 18 or 19 of the Rome Statute, or before the courts or 
        tribunals of any country.
    (d) Bribes and Other Inducements Not Authorized.--This section does 
not authorize the payment of bribes or the provision of other such 
incentives to induce the release of a person described in subsection 
(b).

SEC. 9. ALLIANCE COMMAND ARRANGEMENTS.

    (a) Report on Alliance Command Arrangements.--Not later than 6 
months after the date of the enactment of this Act, the President 
should transmit to the appropriate congressional committees a report 
with respect to each military alliance to which the United States is 
party--
            (1) describing the degree to which members of the Armed 
        Forces of the United States may, in the context of military 
        operations undertaken by or pursuant to that alliance, be 
        placed under the command or operational control of foreign 
        military officers subject to the jurisdiction of the 
        International Criminal Court because they are nationals of a 
        party to the International Criminal Court; and
            (2) evaluating the degree to which members of the Armed 
        Forces of the United States engaged in military operations 
        undertaken by or pursuant to that alliance may be exposed to 
        greater risks as a result of being placed under the command or 
        operational control of foreign military officers subject to the 
        jurisdiction of the International Criminal Court.
    (b) Description of Measures To Achieve Enhanced Protection for 
Members of the Armed Forces of the United States.--Not later than one 
year after the date of the enactment of this Act, the President should 
transmit to the appropriate congressional committees a description of 
modifications to command and operational control arrangements within 
military alliances to which the United States is a party that could be 
made in order to reduce any risks to members of the Armed Forces of the 
United States identified pursuant to subsection (a)(2).
    (c) Submission in Classified Form.--The report under subsection 
(a), and the description of measures under subsection (b), or 
appropriate parts thereof, may be submitted in classified form.

SEC. 10. WITHHOLDINGS.

    Funds withheld from the United States share of assessments to the 
United Nations or any other international organization during any 
fiscal year pursuant to section 705 of the Admiral James W. Nance and 
Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (as enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat. 
1501A-460), are authorized to be transferred to the Embassy Security, 
Construction and Maintenance Account of the Department of State.

SEC. 11. APPLICATION OF SECTIONS 4 AND 6 TO EXERCISE OF CONSTITUTIONAL 
              AUTHORITIES.

    (a) In General.--Sections 4 and 6 shall not apply to any action or 
actions with respect to a specific matter taken or directed by the 
President in the exercise of the President's authority as Commander in 
Chief of the Armed Forces of the United States under article II, 
section 2 of the United States Constitution or in the exercise of the 
executive power under article II, section 1 of the United States 
Constitution.
    (b) Notification to Congress.--
            (1) In general.--Subject to paragraph (2), not later than 
        15 days after the President takes or directs an action or 
        actions described in subsection (a) that would otherwise be 
        prohibited under section 4 or 6, the President shall submit a 
        notification of such action to the appropriate congressional 
        committees. A notification under this paragraph shall include a 
        description of the action, a determination that the action is 
        in the national interest of the United States, and a 
        justification for the action.
            (2) Exception.--If the President determines that a full 
        notification under paragraph (1) could jeopardize the national 
        security of the United States or compromise a United States law 
        enforcement activity, not later than 15 days after the 
        President takes or directs an action or actions referred to in 
        paragraph (1) the President shall notify the appropriate 
        congressional committees that an action has been taken and a 
        determination has been made pursuant to this paragraph. The 
        President shall provide a full notification under paragraph (1) 
        not later than 15 days after the reasons for the determination 
        under this paragraph no longer apply.
    (c) Construction.--Nothing in this section shall be construed as a 
grant of statutory authority to the President to take any action.

SEC. 12. PROHIBITION ON EXTRADITION TO THE INTERNATIONAL CRIMINAL 
              COURT.

    Notwithstanding any other provision of law, no agency or entity of 
the United States Government or of any State or local government may 
extradite any covered United States person to the International 
Criminal Court, nor support the transfer of any covered United States 
person to the International Criminal Court.

SEC. 13. NONDELEGATION.

    The authorities vested in the President by sections 3 and 11(a) may 
not be delegated by the President pursuant to section 301 of title 3, 
United States Code, or any other provision of law. The authority vested 
in the President by section 5(c)(3) may not be delegated by the 
President pursuant to section 301 of title 3, United States Code, or 
any other provision of law to any official other than the Secretary of 
Defense, and if so delegated may not be subdelegated.

SEC. 14. SENSE OF CONGRESS.

    It is the sense of Congress that the President should rescind the 
signature made on behalf of the United States to the Rome Statute.

SEC. 15. DEFINITIONS.

    As used in this Act and in section 706 of the Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 
2000 and 2001:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        International Relations of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Classified national security information.--The term 
        ``classified national security information'' means information 
        that is classified or classifiable under Executive Order 12958 
        or a successor Executive order.
            (3) Covered allied persons.--The term ``covered allied 
        persons'' means military personnel, elected or appointed 
        officials, and other persons employed by or working on behalf 
        of the government of a NATO member country, a major non-NATO 
        ally (including Australia, Egypt, Israel, Japan, Jordan, 
        Argentina, the Republic of Korea, and New Zealand), or Taiwan, 
        for so long as that government is not a party to the 
        International Criminal Court and wishes its officials and other 
        persons working on its behalf to be exempted from the 
        jurisdiction of the International Criminal Court.
            (4) Covered united states persons.--The term ``covered 
        United States persons'' means members of the Armed Forces of 
        the United States, elected or appointed officials of the United 
        States Government, other persons employed by or working on 
        behalf of the United States Government, and other United States 
        citizens for so long as the United States is not a party to the 
        International Criminal Court.
            (5) Extradition.--The terms ``extradition'' and 
        ``extradite'' mean the extradition of a person in accordance 
        with the provisions of chapter 209 of title 18, United States 
        Code, (including section  3181(b) of such title) and such terms 
include both extradition and surrender as those terms are defined in 
Article 102 of the Rome Statute.
            (6) International criminal court.--The term ``International 
        Criminal Court'' means the court established by the Rome 
        Statute.
            (7) Major non-nato ally.--The term ``major non-NATO ally'' 
        means a country that has been so designated in accordance with 
        section 517 of the Foreign Assistance Act of 1961.
            (8) Participate in any peacekeeping operation under chapter 
        vi of the charter of the united nations or peace enforcement 
        operation under chapter vii of the charter of the united 
        nations.--The term ``participate in any peacekeeping operation 
        under chapter VI of the charter of the United Nations or peace 
        enforcement operation under chapter VII of the charter of the 
        United Nations'' means to assign members of the Armed Forces of 
        the United States to a United Nations military command 
        structure as part of a peacekeeping operation under chapter VI 
        of the charter of the United Nations or peace enforcement 
        operation under chapter VII of the charter of the United 
        Nations in which those members of the Armed Forces of the 
        United States are subject to the command or operational control 
        of one or more foreign military officers not appointed in 
        conformity with article II, section 2, clause 2 of the 
        Constitution of the United States.
            (9) Party to the international criminal court.--The term 
        ``party to the International Criminal Court'' means a 
        government that has deposited an instrument of ratification, 
        acceptance, approval, or accession to the Rome Statute, and has 
        not withdrawn from the Rome Statute pursuant to Article 127 
        thereof.
            (10) Peacekeeping operation under chapter vi of the charter 
        of the united nations or peace enforcement operation under 
        chapter vii of the charter of the united nations.--The term 
        ``peacekeeping operation under chapter VI of the charter of the 
        United Nations or peace enforcement operation under chapter VII 
        of the charter of the United Nations'' means any military 
        operation to maintain or restore international peace and 
        security that--
                    (A) is authorized by the United Nations Security 
                Council under chapter VI or VII of the charter of the 
                United Nations; and
                    (B) is paid for from assessed contributions of 
                United Nations members that are made available for 
                peacekeeping or peace enforcement activities.
            (11) Rome statute.--The term ``Rome Statute'' means the 
        Rome Statute of the International Criminal Court, adopted by 
        the United Nations Diplomatic Conference of Plenipotentiaries 
        on the Establishment of an International Criminal Court on July 
        17, 1998.
            (12) Support.--The term ``support'' means assistance of any 
        kind, including financial support, transfer of property or 
        other material support, services, intelligence sharing, law 
        enforcement cooperation, the training or detail of personnel, 
        and the arrest or detention of individuals.
            (13) United states military assistance.--The term ``United 
        States military assistance'' means--
                    (A) assistance provided under chapter 2 or 5 of 
                part II of the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151 et seq.); or
                    (B) defense articles or defense services furnished 
                with the financial assistance of the United States 
                Government, including through loans and guarantees, 
                under section 23 of the Arms Export Control Act (22 
                U.S.C. 2763).
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