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In implementation of the Chemical Weapons Convention, Congress enacted lawsprohibiting, inter alia, development, production, acquisition, transfer directly or indirectly,receipt, stockpiling, retention, possession, use, or threat of use of any chemical weapon. 28119.23 ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURTThe Rome Statute of the International Criminal Court (“Rome Statute”) establishes theInternational Criminal Court (“ICC”) at The Hague, Netherlands. 282 Under the Rome Statute,the ICC may investigate and prosecute certain international crimes (e.g., genocide, war crimes)in certain situations. 283The United States signed the Rome Statute on December 31, 2000, but President Clintondid not submit the treaty to the Senate for its advice and consent to ratification. Because of“significant flaws,” President Clinton recommended that his successor not submit the RomeStatute to the Senate until the United States’ fundamental concerns with the treaty wereaddressed. 284 In particular, the United States has expressed concern that the ICC would claimjurisdiction over personnel of States that have not ratified the Rome Statute. 285 In addition, forexample, concerns have been raised that the ICC would not provide U.S. persons accused of warcrimes with the procedural protections that they are afforded under U.S. domestic law. 286On May 6, 2002, the United States filed a letter with the U.N. Secretary General, thedepositary for the Rome Statute, indicating that it “does not intend to become a party to thetreaty,” and that “[a]ccordingly, the United States has no legal obligations arising from itssignature on December 31, 2000.” 287 The United States participated as an observer in the RomeStatute’s first Review conference in Kampala, Uganda, May 30-June 11, 2010, and has281 18 U.S.C.S. § 229 (“(a) Unlawful conduct. Except as provided in subsection (b), it shall be unlawful for anyperson knowingly— (1) to develop, produce, otherwise acquire, transfer directly or indirectly, receive, stockpile,retain, own, possess, or use, or threaten to use, any chemical weapon; or (2) to assist or induce, in any way, anyperson to violate paragraph (1), or to attempt or conspire to violate paragraph (1). (b) Exempted agencies andpersons. (1) In general. Subsection (a) does not apply to the retention, ownership, possession, transfer, or receipt ofa chemical weapon by a department, agency, or other entity of the United States, or by a person described inparagraph (2), pending destruction of the weapon. (2) Exempted persons. A person referred to in paragraph (1) is—(A) any person, including a member of the Armed Forces of the United States, who is authorized by law or by anappropriate officer of the United States to retain, own, possess, transfer, or receive the chemical weapon; or (B) in anemergency situation, any otherwise nonculpable person if the person is attempting to destroy or seize the weapon.”).282 Rome Statute of the International Criminal Court, Jul. 17, 1998, 2187 UNTS 90.283 Refer to § 18.20.3 (The International Criminal Court (ICC) Created by the Rome Statute).284 William J. Clinton, Statement on the Rome Treaty on the International Criminal Court, Dec. 31, 2000, 2000-IIIPUBLIC PAPERS OF THE PRESIDENTS 2816.285 Refer to § 18.20.3.1 (Attempt to Assert Jurisdiction With Respect to Nationals of Non-Party States).286 See, e.g., 22 U.S.C. § 7421 (“Congress makes the following findings: … (7) Any American prosecuted by theInternational Criminal Court will, under the Rome Statute, be denied procedural protections to which all Americansare entitled under the Bill of Rights to the United States Constitution, such as the right to trial by jury.”).287 John Bolton, Letter to Kofi Anan, U.N. Treaty Collection Depository Notification, C.N.434.2002, May 6, 2002.1174