This act penalizes state or local governments that enforce International Criminal Court actions against officials from NATO member countries or Major Non-NATO Allies.
Ted Budd
Senator
NC
The American Allies Protection Act penalizes state and local governments that enforce International Criminal Court (ICC) actions against officials from NATO member countries or designated Major Non-NATO Allies. This penalty involves withholding federal grants for a four-year period if such enforcement occurs based solely on an ICC warrant. The Attorney General may waive this penalty if the President certifies the action is essential to U.S. national security interests.
The "American Allies Protection Act" is short, but it packs a serious punch aimed squarely at state and local government budgets. Simply put, this bill establishes significant financial penalties for any state, local, or territorial government official who attempts to enforce an International Criminal Court (ICC) warrant against a current or former official from a NATO member country or a designated Major Non-NATO Ally.
If a state or local law enforcement agent arrests, detains, or even just cooperates with the ICC to effect such an action, that jurisdiction faces a major financial hit. Under Section 2, the Attorney General is prohibited from awarding, renewing, or extending any federal grant to that government entity for a full four years. Think about that: four years without federal funding for things like local law enforcement programs, infrastructure projects, or community services, all because a local police department decided to honor an international arrest warrant.
This provision creates a huge financial incentive for states and cities to ignore international warrants, even if they might otherwise be legally obligated to assist. For a mid-sized city, losing four years of federal grants could mean the difference between fixing crucial roads or laying off essential staff. It forces local governments to choose between potentially cooperating with international justice and keeping their budgets solvent.
The bill specifically protects officials from NATO members (like Canada, Germany, or the UK) and designated Major Non-NATO Allies (like Japan, Israel, or Australia). This is clearly a move to shield key U.S. partners from potential ICC prosecution, even though the U.S. itself is not a party to the ICC. The bill essentially uses the threat of cutting off federal dollars to ensure local jurisdictions toe the federal foreign policy line, overriding any local desire to engage with international law enforcement.
There is a potential off-ramp, but it’s entirely controlled by the Executive Branch. The President can waive the four-year grant penalty if they certify to Congress that the local enforcement action was "essential to the national security interests of the United States." This means that while local police and city councils face massive penalties, the White House maintains the ultimate authority to decide when cooperation with the ICC is acceptable. This concentrates significant leverage over local law enforcement actions in the hands of the President and Attorney General, using grant money as the ultimate stick.