PolicyBrief
H.R. 1839
119th CongressMar 4th 2025
Move the ICC Out of NYC Act of 2025
IN COMMITTEE

The "Move the ICC Out of NYC Act of 2025" aims to negotiate an agreement to remove the International Criminal Court's facilities from the United Nations headquarters in New York City.

Chip Roy
R

Chip Roy

Representative

TX-21

LEGISLATION

U.S. Pushes to Ban ICC from UN Headquarters in New York: Negotiations Ordered

The "Move the ICC Out of NYC Act of 2025" is pretty straightforward: it aims to kick the International Criminal Court (ICC) out of the United Nations headquarters in New York City. The bill orders the U.S. Ambassador to the UN to negotiate a new deal with the UN, specifically to prevent the ICC from using UN facilities in the United States.

Kicking the ICC Out

The core of the bill is in Section 4. It requires the U.S. Ambassador to the UN to start talks on a "supplemental agreement" to the existing UN Headquarters Agreement (the original deal from 1947 that lets the UN set up shop in NYC). These negotiations are mandated to start within 30 days after the 80th session of the UN General Assembly opens. The whole point? To add a clause that says the UN can't let the ICC use its facilities on U.S. soil.

Why This Matters

For starters, the U.S. has never been a fan of the ICC. We haven't ratified the Rome Statute, which is the treaty that created the court. Section 2 of the bill makes it crystal clear: the ICC has no authority in the U.S. and no jurisdiction over U.S. citizens. Think of it like this: you can't be tried in a court whose rules you never agreed to. This bill reinforces that stance.

Real-World Implications

Imagine a U.S. soldier or official being investigated by the ICC. This bill is designed to provide an extra layer of protection. It's like saying, "You can't come onto our property to investigate our people." By denying the ICC a base of operations within the UN headquarters in New York, the bill makes it logistically more difficult for the court to pursue cases involving Americans, even if those cases originate outside the U.S.

The Bigger Picture

This move is part of a long-standing tension between the U.S. and international bodies. The U.S. wants to maintain its sovereignty and control over its own legal matters. It's a bit like a homeowner saying, "I decide who comes into my house and what they do here." The bill explicitly states that the ICC has an office at the UN headquarters (Section 2), and this is precisely what the U.S. wants to change.

Potential Challenges

Negotiating this new agreement won't necessarily be a walk in the park. The UN might have its own views on the matter, and other countries might object. It's like trying to change the terms of a contract after it's been signed – both parties need to agree. Plus, it could create some diplomatic friction with countries that are members of the ICC. The bill acknowledges that the UN Headquarters Agreement has been updated before (Section 2), so there's precedent, but it doesn't guarantee a smooth process.