> Additionally, the act does not prohibit the U.S. from assisting in the search and capture of foreign nationals wanted for prosecution by the ICC, specifically naming Saddam Hussein, Slobodan Milošević, and Osama bin Laden as examples.
> Additionally, the act does not prohibit the U.S. from assisting in the search and capture of foreign nationals wanted for prosecution by the ICC
It is your comments that are misleading.
https://www.govinfo.gov/content/pkg/PLAW-107publ206/html/PLA...
> SEC. 2015. <<NOTE: 22 USC 7433.>> ASSISTANCE TO INTERNATIONAL EFFORTS.
> Nothing in this title shall prohibit the United States from rendering assistance to international efforts to bring to justice Saddam Hussein, Slobodan Milosovic, Osama bin Laden, other members of Al Queda, leaders of Islamic Jihad, and other foreign nationals accused of genocide, war crimes or crimes against humanity.
From the ICC:
> Mr Vladimir Vladimirovich Putin, born on 7 October 1952, President of the Russian Federation, is allegedly responsible for the war crime of unlawful deportation of population (children) and that of unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute).
I mean, since ICC arrest warrants have no force in the US, it would be a violation of due process and hence false arrest, but the American Service Members Protection Act has nothing to do with that.
It would not be illegal, however, for American law enforcement officers to arrest him on a US warrant pursuant to an extradition request from a Rome Statue Party, because the ICC extradition protections in the Act extend only to US citizens, which Putin decidedly is not.
Of course, the US could also just try, convict, and execute Putin for war crimes itself in that case, and the ICC doesn’t apply the death penalty, so I’m not sure not getting extradited to the ICC would be a win for Putin, anyway. The US War Crimes statute allows US exercise of jurisdiction if either any part of the offense occurs in the US, any victim was a US citizen or service member, or the offender happens to be present in the US, regardless of where the crime occurred and the nationality of victims.
Yes, were Putin to wash up at Plymouth Rock, it would be a federal crime for any LEO to comply with the ICC and arrest him. Not that that would stop them, but it's funny to consider.
[1] - https://en.wikipedia.org/wiki/American_Service-Members%27_Pr...