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provides that the ICC may not proceed with a request for surrender that would require therequested State to act inconsistently with its obligations under international agreements pursuantto which the consent of a sending State is required to surrender a person of that State to the ICC,unless the ICC can first obtain the cooperation of the sending State for the giving of consent forthe surrender. 276The United States has entered into agreements with numerous States, including Parties tothe Rome Statute, that require U.S. consent before U.S. personnel may be surrendered by thatState to the ICC. 27718.20.3.3 U.S. Law and Policy on Support to the ICC. U.S. law contains certainrestrictions on support to the ICC or ICC activities within the United States. 278 U.S. policy is towork with the international community to prevent and call to account those responsible for theworst human rights abuses, including through support to the International Criminal Court,consistent with U.S. law and our commitment to protecting our personnel. 27918.20.3.4 ICC and the Crime of Aggression. As adopted in 1998, the RomeStatute does not define the crime of aggression, but provides that the ICC shall exercisejurisdiction over the crime of aggression once a provision is adopted in accordance with articles276 ROME STATUTE art. 98(2) (“The Court may not proceed with a request for surrender which would require therequested State to act inconsistently with its obligations under international agreements pursuant to which theconsent of a sending State is required to surrender a person of that State to the Court, unless the Court can firstobtain the cooperation of the sending State for the giving of consent for the surrender.”).277 Such agreements have been cited in certifications required under U.S. law before U.S. personnel are authorized toparticipate in certain U.N. peacekeeping and peace enforcement operations. For example, Barack Obama,Certification Concerning U.S. Participation in the United Nations Multidimensional Integrated StabilizationMission in Mali Consistent with Section 2005 of the American Servicemembers’ Protection Act, Jan. 31, 2014, 79FEDERAL REGISTER 8079 (Feb. 10, 2014) (“By the authority vested in me as President by the Constitution and thelaws of the United States of America, and consistent with section 2005 of the American Servicemembers’ ProtectionAct of 2002 (22 U.S.C. 7424), concerning the participation of members of the Armed Forces of the United States incertain United Nations peacekeeping and peace enforcement operations, I hereby certify that members of the U.S.Armed Forces participating in the United Nations Multidimensional Integrated Stabilization Mission in Mali arewithout risk of criminal prosecution or other assertion of jurisdiction by the International Criminal Court (ICC)because the Republic of Mali has entered into an agreement in accordance with Article 98 of the Rome Statutepreventing the ICC from proceeding against members of the Armed Forces of the United States present in thatcountry.”).278 See, e.g., 22 U.S.C. §§ 7421-7433; 22 U.S.C. § 7401(b).279 Barak Obama, National Security Strategy of the United States, 22 (Feb. 2015) (“We will work with theinternational community to prevent and call to account those responsible for the worst human rights abuses,including through support to the International Criminal Court, consistent with U.S. law and our commitment toprotecting our personnel.”); Barak Obama, National Security Strategy of the United States, 48 (May 2010)(“Although the United States is not at present a party to the Rome Statute of the International Criminal Court (ICC),and will always protect U.S. personnel, we are engaging with State Parties to the Rome Statute on issues of concernand are supporting the ICC’s prosecution of those cases that advance U.S. interests and values, consistent with therequirements of U.S. law.”); Harold Hongju Koh, Legal Adviser, Department of State, Remarks on internationalcriminal justice at the Vera Institute of Justice in New York and at Leiden University, Campus The Hague, 2012DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 61, 67 (“So, while the United States will alwaysprotect U.S. personnel, we are engaging with States parties to the Rome Statute on issues of concern, and we haveapplied a pragmatic, case-by-case approach towards ICC issues.”).1111