Neutralizacja prawa międzynarodowego aktami wewnętrznymi – projekt amerykańskiej ustawy H.R. 23 z 2025 r. i quasi-derogacja Statutu Rzymskiego
Neutralization of International Law Through Internal Acts – US bill H.R. 23 of 2025 and Quasi-Derogation of the Rome Statute

Summary/Abstract: The subject of the present analysis is the U.S. bill H.R. 23, the provisions of which envisaged the imposition of sanctions on the International Criminal Court. In a broader perspective, the following aspects will be discussed: (i) the technical aspects of the legislative process, in particular the unprecedented situation in which one state, through its domestic act, regulates another state’s relations with the International Criminal Court, as well as the departure from the principle of general and abstract norms; (ii) the political, religious, and historical background of the legislative process; (iii) the provisions of the proposed act; and (iv) similar acts. The purpose of this text is to discuss the adopted solutions and to demonstrate that they are without precedent. Attention will be drawn to the consequences of these solutions, which lead to a quasi-derogation of an international treaty through a domestic act. The methods employed are: (i) the formal-dogmatic method; (ii) the historical method; (iii) the comparative method; and (iv) the method of logical analysis.

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