Senate Democrats block bill sanctioning the ICC for prosecuting Israeli officials

Washington DC - Senate Democrats voted to block a bill to impose sanctions with respect to the International Criminal Court (ICC) over arrest warrants issued for top Israeli officials.

Protestors raise Palestinian flags during a Gaza solidarity demonstration in front of the International Criminal Court in the Hague, Netherlands.
Protestors raise Palestinian flags during a Gaza solidarity demonstration in front of the International Criminal Court in the Hague, Netherlands.  © Josh Walet / ANP / AFP

HR 23, the Illegitimate Court Counteraction Act, falling short of the 60-vote threshold needed to advance in a 54-45 procedural vote on Tuesday. Pennsylvania's John Fetterman was the only Democrat to vote in favor.

The bill – introduced in response to the ICC's issuing of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on accusations of war crimes and crimes against humanity in Gaza – passed in the House earlier this month in a 243-140 vote.

The legislation would "impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies." It also claims the arrest warrants for Netanyahu and Gallant "should be condemned in the strongest possible terms."

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"The ICC bill is one I largely support and would like to see become law," Senate Minority Leader Chuck Schumer said ahead of the vote.

"However, as much as I oppose the ICC bias against Israel, and as much as I want to see that institution drastically reformed and reshaped, the bill before us is poorly drafted and deeply problematic. It will have many unintended consequences that undermine its primary goal," Schumer added, warning the measure could hurt US allies and businesses that deal with the court.

ICC sanctions bill receives strong pushback

Israeli Prime Minister Benjamin Netanyahu speaks to a joint meeting of Congress at the US Capitol on July 24, 2024.
Israeli Prime Minister Benjamin Netanyahu speaks to a joint meeting of Congress at the US Capitol on July 24, 2024.  © DREW ANGERER / AFP

The ICC sanctions bill received overwhelming pushback, as more than 130 organizations signed a letter this month in defense of the court.

"As human rights, legal, and faith-based organizations, the foundations of civil society, as well as individuals who have dedicated their careers to these causes, we decry attempts to attack an independent judicial institution and urge the 119th Congress and incoming administration to reconsider this misguided position," the signatories wrote.

"It would be a terrible irony if a tool designed to penalize gross violators of human rights could instead contribute to their continued impunity."

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United Nations human rights experts have also urged US lawmakers to reject the bill, saying in a statement, "It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability."

"Threats against the ICC promote a culture of impunity. They make a mockery of the decades-long quest to place law above force and atrocity."

Cover photo: Josh Walet / ANP / AFP

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