Executive Order Draft
EXECUTIVE ORDER 2029-01
Ensuring Extradition for UN-Backed War Crimes: Superseding Pardon Power, Limiting Judicial Delay, and Mandating Federal Funding
Presidential Executive Order | Effective January 20, 2029
Order Text
By the authority vested in me as President by the Constitution and the laws of the United States
PREAMBLE
By the President of the United States
There is a truth so old that it has become a ghost — whispered in courtrooms, buried in classified annexes, and hidden behind the phrase “national security.” That truth is this:
No flag makes a crime a virtue. No oath excuses a massacre. No title — not President, not General, not Banker, not Director — places a human being above the law of nations.
For decades, the United States has demanded accountability from other nations. We have extradited former dictators. We have sanctioned warlords. We have stood in the United Nations and declared that war crimes are intolerable — for them.
But we have not applied that standard to ourselves.
Today, that changes. And let this preamble serve as a warning — not a threat, but a promise:
The actions you take today in the name of the United States will determine your freedom tomorrow.
If you order a drone strike that deliberately targets a hospital.
If you fund a proxy army that practices torture.
If you sign a directive that enables the starvation of civilians.
If you launder money through a New York bank to finance a foreign militia committing atrocities.
If you issue a legal memo designed to immunize the immunizable —
Then you are not a patriot. You are not a defender of freedom. You are a war criminal. And one day — perhaps not today, perhaps not this year, but one day — a nation will issue a warrant. The United Nations will make a determination. And the United States, under this order, will hand you over.
No pardon will save you.
No statute of limitations will protect you.
No corner office, no gated community, no presidential library will hide you.
War crimes committed in the name of the United States are not acceptable. They are not “collateral damage.” They are not “enhanced interrogation.” They are not “legitimate military objectives” dressed in legal weasel words.
They are crimes. And criminals are extradited.
To every sitting official, every military commander, every intelligence officer, every banker, every contractor, every lawyer who writes the memos that become the blueprints for atrocity:
You are on notice. The shield of American citizenship is not a sword to cut down civilians. The presidential pardon is not a get-out-of-jail-free card for genocide. The flag does not cover your face when you give the order.
This administration will not look away. And when the warrant comes — we will not look back.
Let this preamble be quoted in every court, every history book, and every conscience. The United States of America is no longer a sanctuary for those who commit war crimes. Not in the name of security. Not in the name of convenience. Not in the name of power.
So help us God.
SECTION 1: AUTHORITY
By the authority vested in me as President by the Constitution and the laws of the United States of America, including but not limited to:
• Article II, Sections 1, 2, and 3 of the U.S. Constitution (executive power, commander-in-chief authority, and the duty to take care that the laws be faithfully executed);
• The Extradition Clause, Article IV, Section 2, Clause 2 (governing interstate and international extradition);
• The Take Care Clause, Article II, Section 3 (presidential duty to execute federal law, including extradition treaties);
• 18 U.S.C. § 3181 et seq. (federal extradition statutes governing international extradition proceedings);
• The Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (governing removal and extradition-related procedures);
• The War Powers Resolution, 50 U.S.C. § 1541 et seq. (affirming congressional authority over armed conflict, cited here to emphasize that unauthorized military actions may constitute crimes);
• The Foreign Sovereign Immunities Act, 28 U.S.C. § 1602 et seq. (clarifying the limits of sovereign immunity for international crimes);
• The Genocide Convention Implementation Act, 18 U.S.C. § 1091 et seq. (criminalizing genocide committed by U.S. nationals);
• The Torture Victim Protection Act, 28 U.S.C. § 1350 note (providing civil remedies for torture and extrajudicial killings);
• The Rome Statute of the International Criminal Court (reflecting customary international law on war crimes);
• The United Nations Participation Act, 22 U.S.C. § 287 et seq. (authorizing U.S. cooperation with UN determinations and sanctions);
• UN General Assembly Resolution 3(I) of February 13, 1946 (recommending that UN members arrest and extradite war criminals to the countries where their crimes were committed);
• Customary international law as recognized by U.S. courts, including the principle that immunities do not apply before international criminal tribunals;
• The inherent authority of the President over foreign affairs and the execution of extradition treaties, as recognized by the Supreme Court;
• Section 301 of Title 3, United States Code (general presidential authority to issue executive orders);
• The International Emergency Economic Powers Act, 50 U.S.C. § 1701 et seq. (authorizing the President to block assets and prohibit transactions with persons who commit war crimes); and
• The Mutual Legal Assistance in Criminal Matters Treaties (governing cross-border cooperation on criminal matters, including extradition),
it is hereby ordered as follows:
SECTION 2: FINDINGS AND PURPOSE
(a) The United States has international legal obligations under the UN Charter, UN General Assembly Resolution 3(I), and customary international law to cooperate in the punishment of war crimes, genocide, and crimes against humanity.
(b) Domestic pardons issued under Article II, Section 2 of the Constitution have no extraterritorial effect and do not nullify international arrest warrants. International law recognizes that pardons for crimes against humanity violate jus cogens norms and cannot bar extradition.
(c) The purpose of this order is to ensure that the United States is not a safe haven for persons wanted by foreign states for UN-determined war crimes, regardless of any prior domestic pardon or official position.
SECTION 3: DEFINITIONS
(a) “War crime” means conduct defined as a war crime, crime against humanity, or genocide under the Rome Statute, the Geneva Conventions and their Additional Protocols, or a binding UN Security Council resolution.
(b) “UN determination” means a formal finding by the UN Security Council, UN General Assembly, or International Court of Justice that war crimes are occurring in a specific context.
(c) “Covered person” means any individual subject to U.S. jurisdiction, including current or former elected officials, appointed officials, military personnel, private contractors, financial-sector personnel, and any natural person physically present in the United States who has participated in war crimes as defined herein.
(d) “Valid foreign warrant” means an arrest warrant issued by a sovereign state that has jurisdiction over the alleged crime and that is not demonstrably fraudulent or issued for improper political motives.
SECTION 4: MANDATORY EXTRADITION FOR UN-BACKED WARRANTS
(a) The Secretary of State and the Attorney General shall honor any extradition request received from a foreign state when the requesting state has issued a valid foreign warrant, the UN has issued a determination that war crimes are occurring in the relevant conflict or context, and the requesting state provides assurances consistent with international law regarding fair treatment.
(b) The Attorney General shall initiate arrest proceedings within 72 hours of receiving such a request.
(c) The Secretary of State shall order surrender of the covered person within 14 days of final judicial authorization.
(d) No official of the United States government shall delay, obstruct, or decline to execute an extradition request that meets the criteria set forth in subsection (a).
SECTION 5: PARDONS DO NOT BAR EXTRADITION
(a) A pardon issued by the President of the United States or any state governor applies only to domestic federal or state offenses. It does not nullify an international arrest warrant, nor does it bar extradition to a foreign jurisdiction for war crimes, genocide, or crimes against humanity.
(b) The Attorney General shall not decline an extradition request on the grounds that the covered person has received a pardon.
(c) Any official who attempts to block extradition based on a pardon shall be subject to removal for cause and potential prosecution for obstruction of justice.
(d) This section is binding on all executive branch officials, including the Attorney General, the Secretary of State, and any White House personnel.
(e) The Secretary of State shall notify any foreign state that has issued a warrant for a covered person that a pardon, if any exists, is irrelevant to extradition proceedings under this order.
SECTION 6: LIMITATION ON JUDICIAL DELAY
(a) A covered person arrested under this order may file a petition for a writ of habeas corpus challenging the lawfulness of their detention.
(b) Any such petition must be filed within 14 days of arrest.
(c) The federal district court shall issue a final ruling on the petition within 30 days of filing.
(d) The ruling of the district court may be appealed to the circuit court of appeals, which shall issue a final ruling within 30 days of the notice of appeal.
(e) The Supreme Court may grant certiorari, but any stay of extradition pending certiorari shall not exceed 60 days from the filing of the petition for certiorari.
(f) If no final ruling has issued within the time limits set forth in this section, the Attorney General shall proceed with extradition as ordered.
(g) The Attorney General shall assign dedicated personnel to ensure compliance with the time limits in this section.
SECTION 7: SCOPE OF COVERED ACTORS
This order applies equally to government actors and private sector actors who knowingly provide material support, funding, weapons, logistics, intelligence, or financial services that directly enable war crimes as determined by the UN.
SECTION 8: FUNDING FOR EXTRADITION
(a) The Department of Justice shall allocate from existing appropriations all funds necessary to effectuate extraditions under this order.
(b) The Attorney General shall submit a report to Congress within 90 days of the first extradition under this order detailing all expenditures.
(c) If existing appropriations are insufficient, the President shall request a supplemental appropriation from Congress.
(d) The Department of the Treasury shall facilitate any necessary financial transactions to support extraditions under this order.
SECTION 9: CONFRONTING PUSHBACK
This section directs federal legal and constitutional responses to resistance by state officials, Congress, courts, foreign states, or executive branch personnel.
SECTION 10: NO SAFE HARBOR FOR CURRENT OR FORMER ADMINISTRATION OFFICIALS
No official of any presidential administration, past or present, shall be immune from extradition under this order while in office or after leaving office, subject to applicable constitutional timing for sitting offices.
SECTION 11: IMPLEMENTATION
Within 30 days of the effective date of this order, the Attorney General and Secretary of State shall promulgate joint regulations governing expedited review, notification and limited due process, international coordination, standards for foreign warrants, and confidential handling of evidence.
SECTION 12: REVOCATION OF INCONSISTENT POLICIES
Any prior Executive Order, presidential directive, or agency policy inconsistent with this order is superseded to the extent of inconsistency.
SECTION 13: SEVERABILITY
If any provision of this order is held invalid, the remainder shall remain in effect.
SECTION 14: EFFECTIVE DATE
(a) This order is effective immediately upon signature, January 20, 2029, at 12:00 noon Eastern Time.
(b) It applies to any extradition request received on or after that date.
(c) All executive branch agencies shall take all necessary steps to ensure compliance with this order beginning on the effective date.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of January 2029.
Signed,
Vincent Cordova
President of the United States, 2028
President-Elect of the United States of America
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