---
kind: "section"
citation: "22 U.S.C. § 7401"
title: "22"
title_heading: "Foreign Relations and Intercourse"
number: "7401"
heading: "Restriction relating to United States accession to the International Criminal Court"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/22/7401"
units:
  - "Chapter 81 — International Criminal Court"
  - "Subchapter I — General Provisions"
---

# §7401. Restriction relating to United States accession to the International Criminal Court

- (a) **Prohibition—** The United States shall not become a [party to the International Criminal Court](/usc/22/7432.md?p=9) except pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after November 29, 1999.
- (b) **Prohibition on use of funds—** None of the funds authorized to be appropriated by this or any other Act may be obligated for use by, or for [support](/usc/22/7432.md?p=12) of, the [International Criminal Court](/usc/22/7432.md?p=6) unless the United States has become a party to the Court pursuant to a treaty made under Article II, section 2, clause 2 of the Constitution of the United States on or after November 29, 1999.
- (c) **International Criminal Court defined—** In this section, the term “[International Criminal Court](/usc/22/7432.md?p=6)” means the court established by the [Rome Statute](/usc/22/7432.md?p=11) of the [International Criminal Court](/usc/22/7432.md?p=6), adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an [International Criminal Court](/usc/22/7432.md?p=6) on July 17, 1998.

## Source credit

(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title VII, § 705], Nov. 29, 1999, 113 Stat. 1536, 1501A–460.)

## Notes

### Editorial Notes

### Codification

Section was formerly set out as a note under section 262–1 of this title.

### Statutory Notes and Related Subsidiaries

### Short Title

Pub. L. 107–206, title II, § 2001, Aug. 2, 2002, 116 Stat. 899, provided that: “This title [enacting subchapter II of this chapter] may be cited as the ‘American Servicemembers’ Protection Act of 2002’.”