[House Document 119-23]
[From the U.S. Government Publishing Office]
119th Congress, 1st Session--------------------HOUSE DOCUMENT 119-23
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DECLARING A NATIONAL EMERGENCY TO HALT EFFORTS BY THE
INTERNATIONAL CRIMINAL COURT
__________
MESSAGE
from
THEPRESIDENTOFTHEUNITEDSTATES
transmitting
A DECLARATION OF A NATIONAL EMERGENCY IMPOSING SANCTIONS ON THE
INTERNATIONAL CRIMINAL COURT, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW
95-223, SEC. 204(b); (91 STAT. 1627) AND 50 U.S.C. 1641(b); PUBLIC LAW
94-412, SEC. 401(b); (90 STAT. 1257)
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 6, 2025.--Message and accompanying papers referred to the
Committees on Foreign Affairs and the Judiciary, and ordered to be
printed
To the Congress of the United States:
Pursuant to the International Emergency Economic Powers Act
(50 U.S.C. 1701 et seq.), the National Emergencies Act (50
U.S.C. 1601 et seq.), section 212(f) of the Immigration and
Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of
title 3, United States Code, I hereby report that I have
exercised my authority to declare a national emergency in order
to halt efforts by the International Criminal Court (ICC) to
investigate, arrest, detain, or prosecute persons in America
and our close ally Israel through blatant lawfare. I am
enclosing a copy of the Executive Order I have issued.
The ICC has, without basis, asserted jurisdiction over and
opened investigations into personnel of the United States and
certain of its allies, including Israel, and has further abused
its power by issuing baseless arrest warrants targeting Israeli
Prime Minister Benjamin Netanyahu and Former Minister of
Defense Yoav Gallant. The ICC has no jurisdiction over the
United States or Israel, as neither country is party to the
Rome Statute or a member of the ICC. Neither country has ever
recognized the ICC's jurisdiction, and both nations are
thriving democracies with militaries that strictly adhere to
the laws of war. The ICC's recent actions against Israel and
the United States set a dangerous precedent, directly
endangering current and former United States personnel,
including active service members of the Armed Forces, by
exposing them to harassment, abuse, and possible arrest. This
malign conduct in turn threatens to infringe upon the
sovereignty of the United States and undermines the critical
national security and foreign policy work of the United States
Government and our allies, including Israel.
Pursuant to the national emergency that I have declared,
the United States will impose tangible and significant
consequences on those responsible for the ICC's transgressions,
including by blocking property and assets, and suspending entry
into the United States of ICC officials, employees, and agents,
as well as their immediate family members. I have directed the
Secretary of State, in consultation with the Secretary of the
Treasury and the Attorney General, to identify and sanction any
foreign person found to have, among other things, directly
assisted in any ICC efforts to investigate, arrest, detain, or
prosecute a protected person without consent of that person's
country of nationality.
I have further determined that the unrestricted immigrant
and nonimmigrant entry into the United States of any covered
alien found to have participated in any ICC efforts to
investigate, arrest, detain, or prosecute a protected person,
as well as immediate family members of such aliens, or aliens
determined by the Secretary of State to be employed by, or
acting as an agent of, the ICC, would be detrimental to the
interests of the United States, as immigrants or nonimmigrants,
and therefore have suspended such immigration except where the
Secretary of State determines that the entry of the person into
the United States would not be contrary to the interests of the
United States.
In addition, I have determined that donations of articles
specified in section 203(b)(2) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(2)) by, to, or for the
benefit of any person whose assets are blocked, would impair my
ability to address the national emergency I declared. I have
therefore prohibited such donations.
Donald J. Trump.
The White House, March 5, 2025.
Executive Order
----------
Imposing Sanctions on the International Criminal Court
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration
and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301
of title 3, United States Code,
I, DONALD J. TRUMP, President of the United States of
America, find that the International Criminal Court (ICC), as
established by the Rome Statute, has engaged in illegitimate
and baseless actions targeting America and our close ally
Israel. The ICC has, without a legitimate basis, asserted
jurisdiction over and opened preliminary investigations
concerning personnel of the United States and certain of its
allies, including Israel, and has further abused its power by
issuing baseless arrest warrants targeting Israeli Prime
Minister Benjamin Netanyahu and Former Minister of Defense Yoav
Gallant. The ICC has no jurisdiction over the United States or
Israel, as neither country is party to the Rome Statute or a
member of the ICC. Neither country has ever recognized the
ICC's jurisdiction, and both nations are thriving democracies
with militaries that strictly adhere to the laws of war. The
ICC's recent actions against Israel and the United States set a
dangerous precedent, directly endangering current and former
United States personnel, including active service members of
the Armed Forces, by exposing them to harassment, abuse, and
possible arrest. This malign conduct in turn threatens to
infringe upon the sovereignty of the United States and
undermines the critical national security and foreign policy
work of the United States Government and our allies, including
Israel. Furthermore, in 2002, the Congress enacted the American
Servicemembers' Protection Act of 2002 (22 U.S.C. 7421 et seq.)
to protect United States military personnel, United States
officials, and officials and military personnel of certain
allied countries against criminal prosecution by an
international criminal court to which the United States is not
party, stating, ``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.'' (22 U.S.C. 7421(9)).
The United States unequivocally opposes and expects our
allies to oppose any ICC actions against the United States,
Israel, or any other ally of the United States that has not
consented to ICC jurisdiction. The United States remains
committed to accountability and to the peaceful cultivation of
international order, but the ICC and parties to the Rome
Statute must respect the decisions of the United States and
other countries not to subject their personnel to the ICC's
jurisdiction, consistent with their respective sovereign
prerogatives.
The United States will impose tangible and significant
consequences on those responsible for the ICC's transgressions,
some of which may include the blocking of property and assets,
as well as the suspension of entry into the United States of
ICC officials, employees, and agents, as well as their
immediate family members, as their entry into our Nation would
be detrimental to the interests of the United States.
I therefore determine that any effort by the ICC to
investigate, arrest, detain, or prosecute protected persons, as
defined in section 8(d) of this order, constitutes an unusual
and extraordinary threat to the national security and foreign
policy of the United States, and I hereby declare a national
emergency to address that threat. I hereby determine and order:
Section 1. (a) All property and interests in property that
are in the United States, that hereafter come within the United
States, or that are or hereafter come within the possession or
control of any United States person, of the following persons
are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the person listed in the Annex to this order; and
(ii) any foreign person determined by the Secretary
of State, in consultation with the Secretary of the
Treasury and the Attorney General:
(A) to have directly engaged in any effort by
the ICC to investigate, arrest, detain, or
prosecute a protected person without consent of
that person's country of nationality;
(B) to have materially assisted, sponsored,
or provided financial, material, or
technological support for, or goods or services
to or in support of, any activity in subsection
(a)(ii)(A) of this section or any person whose
property or interests in property are blocked
pursuant to this order; or
(C) to be owned or controlled by, or to have
acted or purported to act for or on behalf of,
directly or indirectly, any person whose
property or interests in property are blocked
pursuant to this order.
(b) The prohibitions in subsection (a) of this section
apply except to the extent provided by statutes, or in
regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted before the date
of this order.
Sec. 2. I hereby determine that the making of donations of
the types of articles specified in section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 1 of this order would seriously impair my ability to
address the national emergency declared in this order, and I
hereby prohibit such donations as provided by section 1 of this
order.
Sec. 3. The prohibitions in section 1(a) of this order
include:
(a) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person
whose property and interests in property are blocked pursuant
to section 1 of this order; and
(b) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 4. The unrestricted immigrant and nonimmigrant entry
into the United States of aliens determined to meet one or more
of the criteria in section 1 of this order, as well as
immediate family members of such aliens, or aliens determined
by the Secretary of State to be employed by, or acting as an
agent of, the ICC, would be detrimental to the interests of the
United States, and the entry of such persons into the United
States, as immigrants or nonimmigrants, is hereby suspended,
except where the Secretary of State determines that the entry
of the person into the United States would not be contrary to
the interests of the United States, including when the
Secretary of State so determines, based on a recommendation of
the Attorney General, that the person's entry would further
important United States law enforcement objectives. In
exercising this responsibility, the Secretary of State shall
consult with the Secretary of Homeland Security on matters
related to admissibility or inadmissibility within the
authority of the Secretary of Homeland Security. Such persons
shall be treated as persons covered by section 1 of
Proclamation 8693 of July 24, 2011 (Suspension of Entry of
Aliens Subject to United Nations Security Council Travel Bans
and International Emergency Economic Powers Act Sanctions). The
Secretary of State shall have the responsibility for
implementing this section pursuant to such conditions and
procedures as the Secretary of State has established or may
establish pursuant to Proclamation 8693.
Sec. 5. Within 60 days of the date of this order, the
Secretary of the Treasury, in consultation with the Secretary
of State, shall submit to the President a report on additional
persons that should be included within the scope of section 1
of this order.
Sec. 6. (a) Any transaction that evades or avoids, has the
purpose of evading or avoiding, causes a violation of, or
attempts to violate any of the prohibitions set forth in this
order is prohibited.
(b) Any conspiracy formed to violate any of the
prohibitions set forth in this order is prohibited.
Sec. 7. Nothing in this order shall prohibit transactions
for the conduct of the official business of the Federal
Government by employees, grantees, or contractors thereof.
Sec. 8. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a government or
instrumentality of such government, partnership, association,
trust, joint venture, corporation, group, subgroup, or other
organization;
(c) the term ``United States person'' means any United
States citizen, permanent resident alien, entity organized
under the laws of the United States or any jurisdiction within
the United States (including a foreign branch, subsidiary, or
employee of such entity), or any person lawfully in the United
States;
(d) the term ``protected person'' means:
(i) any United States person, unless the United
States provides formal consent to ICC jurisdiction over
that person or becomes a state party to the Rome
Statute, including:
(A) current or former members of the Armed
Forces of the United States;
(B) current or former elected or appointed
officials of the United States Government; and
(C) any other person currently or formerly
employed by or working on behalf of the United
States Government; and
(ii) any foreign person that is a citizen or lawful
resident of an ally of the United States that has not
consented to ICC jurisdiction over that person or is
not a state party to the Rome Statute, including:
(A) current or former members of the armed
forces of such ally of the United States;
(B) current or former elected or appointed
government officials of such ally of the United
States; and
(C) any other person currently or formerly
employed by or working on behalf of such a
government;
(e) the term ``ally of the United States'' means:
(i) a government of a member country of the North
Atlantic Treaty Organization; or
(ii) a government of a ``major non-NATO ally,'' as
that term is defined by section 2013(7) of the American
Servicemembers' Protection Act of 2002 (22 U.S.C.
7432(7));
(f) the term ``immediate family member'' means a spouse or
child;
(g) the term ``alien'' has the meanings given to the term
in section 101(a)(3) of the Immigration and Nationality Act of
1952 (8 U.S.C. 1101(a)(3)); and
(h) the term ``foreign person'' means a person that is not
a United States person.
Sec. 9. For those persons whose property and interests in
property are blocked pursuant to this order who might have a
constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be
taken pursuant to section 1 of this order would render those
measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency
declared in this order, there need be no prior notice of a
listing or determination made pursuant to section 1 of this
order.
Sec. 10. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to take such
actions, including adopting rules and regulations, and to
employ all powers granted to the President by IEEPA as may be
necessary to implement this order. The Secretary of the
Treasury may, consistent with applicable law, redelegate any of
these functions within the Department of the Treasury. All
executive departments and agencies of the United States shall
take all appropriate measures within their authority to
implement this order.
Sec. 11. The Secretary of the Treasury, in consultation
with the Secretary of State, is hereby authorized to submit
recurring and final reports to the Congress on the national
emergency declared in this order, consistent with section
401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 12. (a) Nothing in this order shall be construed to
impair or otherwise affect:
(i) the authority granted by law to an executive
department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law
or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Donald J. Trump.
The White House, February 6, 2025.
ANNEX
1. Karim Khan, Prosecutor of the ICC.
[all]