On Thursday, the House of Representatives approved a bill aimed at imposing sanctions on officials of the International Criminal Court (ICC) in response to the court’s recent issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. This legislative move comes as a direct pushback against the ICC’s actions related to the ongoing conflict in Gaza.
The bill, known as the Illegitimate Court Counteraction Act, garnered bipartisan support, with a significant number of Democrats joining Republicans in favor of the measure. The vote was initially left open as lawmakers returned to Capitol Hill following the funeral of former President Jimmy Carter. By mid-afternoon, the legislation had reached the necessary majority threshold.
House Foreign Affairs Committee Chair Brian Mast (R-Fla.), who prioritized the bill shortly after the 119th Congress commenced, emphasized the need for the U.S. to stand firmly with Israel. “A kangaroo court is seeking to arrest the prime minister of our great ally, Israel, which is not only responding to an enemy that conducted genocide but also holds 100 hostages,” Mast stated on the House floor prior to the vote.
The legislation aims to sanction any ICC officials or entities that attempt to investigate, arrest, detain, or prosecute U.S. citizens or citizens of allied nations that are not signatories to the Rome Statute, the treaty that established the ICC. The bill would take effect 60 days after its enactment and applies to NATO member countries and 19 major non-NATO allies, including Israel.
The ICC’s decision to issue arrest warrants for Netanyahu and Gallant, along with Hamas commander Mohammed Deif, has drawn sharp criticism from U.S. lawmakers. The warrants were issued following accusations of war crimes against both Hamas and Israel, with the ICC asserting jurisdiction based on the state of Palestine’s status as a party to the Rome Statute. The warrants mean that Netanyahu and Gallant could face arrest if they travel to countries that are parties to the ICC.
In November, the ICC announced the warrants in the wake of the October 7, 2023, attack by Hamas, which resulted in the deaths of approximately 1,200 people and the abduction of around 250 hostages. While Israel claims to have killed Deif, Hamas has not confirmed his death. Since the onset of the conflict, over 46,000 Palestinians have reportedly died in Gaza, leading to accusations against Israel of blocking humanitarian aid and committing acts that some have characterized as genocide.
The Biden administration has rejected claims of genocide but acknowledged in a May report that Israel’s use of U.S. arms may have violated international law. Critics of the ICC’s actions argue that the court is unfairly equating Israel’s self-defense measures with the actions of Hamas, a designated terrorist organization.
Rep. Ritchie Torres (D-N.Y.) expressed his concerns on social media, stating, “The ICC has set a precedent for criminalizing self-defense: any country daring to defend itself against an enemy that exploits civilians as human shields will face persecution posing as prosecution.” He further criticized the ICC for failing to consider the context of Hamas’s actions, which he described as a deliberate strategy to maximize civilian casualties.
While the bill received support from centrist Democrats who share concerns about the ICC’s jurisdiction, some lawmakers voiced opposition. Rep. Jim McGovern (D-Mass.) criticized the Republican focus on sanctioning the ICC amid pressing domestic issues, such as economic challenges and natural disasters like the wildfires in California. “All those challenges, and this is what the out-of-touch elitist billionaire Republican Party wants to waste time on,” McGovern argued.
He also contended that the GOP’s actions would not aid in the release of hostages and could hinder the ICC’s ability to address human rights violations globally. McGovern pointed out that Republicans have not criticized the ICC for its warrants against Hamas or Russian President Vladimir Putin, suggesting that their motivations are selective.
The bill has received backing from some Democrats who previously supported similar legislation in the House, including Senators Ruben Gallego (D-Ariz.) and Elissa Slotkin (D-Mich.). Both lawmakers indicated their intention to maintain consistent voting patterns in the Senate. Conversely, Senators Adam Schiff (D-Calif.) and Lisa Blunt Rochester (D-Del.) voted against the measure when it was considered in the House.
As the situation continues to evolve, the implications of the House’s decision to sanction ICC officials remain to be seen, particularly in the context of U.S. foreign policy and its relationship with Israel amid ongoing tensions in the region.
