Should Congress sanction the International Criminal Court in response to its arrest warrant for Israel’s prime minister?

This bill has Passed the House of Representatives
Bill Summary

H.R. 23 would allow the President to sanction members of the International Criminal Court (ICC) for investigating protected persons in the U.S. or its allies. Within 60 days of enactment, the President must rescind any funds for the ICC, block any property transactions involving sanctioned ICC members, and deny their entry into the U.S. The President can waive sanctions on ICC members for up to 90 days if they determine such actions benefit national interests. The President may terminate all ICC sanctions if they have ceased efforts to investigate, arrest, detain, or prosecute all protected persons. Sponsor: Rep. Chip Roy (Republican, Texas, District 21)
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Opponents say

•    "Join us in urging Congress to vote NO on the misleadingly titled Illegitimate Court Counteraction Act (H.R. 23), set for a vote on Thursday, January 9. This bill aims to sanction the @IntlCrimCourt (ICC) for investigating war crimes, shielding Israeli leaders like Prime Minister Netanyahu from accountability for atrocities in Gaza. This legislation undermines international justice and denies Palestinians the right to hold war criminals accountable." Source: CAIR International via X

•    "H.R. 23, the so-called 'Illegitimate Court Counteraction Act,' is a Republican-led initiative that claims that the ICC has no 'legitimacy or jurisdiction' over Israel or the United States, because neither country is party to the Rome Statute — the treaty that established the court over twenty years ago. [...] For the last 15 months, Biden has made a mockery of both U.S. and international law by fueling the Israeli government’s genocide of Palestinians with billions in U.S. weapons. [...] This ongoing support for genocide and shielding of the Israeli government from accountability has laid the groundwork for legislation like H.R.23, which attacks the very international norms and human rights law that Democrats claim to defend." Source: Article published by the Jewish Voice for Peace

•    "The ICC performs a vital role in international affairs by investigating the worst international crimes that shook the collective conscience of humanity and investigating those accused of committing those crimes. It does so in a manner that protects the due process rights of the accused, the sovereignty of states, including the United States, and the rights of victims. As has been widely observed, supporting the work of the Court is in the interest of the United States, and sanctioning it, conversely, undermines important US interests. The positive role of the ICC has been recognized through previous bipartisan support for investigations into war crimes allegedly perpetrated by Russian officials in the Ukraine conflict (S.Res.531 and H.Res.963), attempts to bring justice for the victims of gross human rights violations in Myanmar, and as a pathway to accountability for perpetrators of atrocities in Sudan." Source: Letter published by Washington Working Group on the International Criminal Court, that was also signed by +80 WICC groups (WICC is a nonpartisan coalition of diverse NGOs, including human rights, faith-based, professional, and public policy groups)

Proponents say

•    "The ICC is an illegitimate body that has no business interfering with our sovereignty or that of our allies. Now it is engaged in a shameful lawfare campaign against Prime Minister Netanyahu for doing his duty to protect his fellow citizens from Hamas in the wake of the barbaric October 7th attacks. But let’s be clear, this isn’t just about Israel, this is about ensuring that our nation's sovereignty is protected, as well as the American servicemembers. If we do not check this rogue, leftist "court" now, we can rest assured that our military leadership and troops will be the next targets of its political attacks. While I have full confidence that President Trump will stand for Israel with the strength and moral clarity that Biden has sorely lacked, this bill will ensure that no future administration after him will be able to give the ICC a free pass to attack our allies like this." Source: Rep. Chip Roy (Republican, Texas, District 21) Sponsor of this Bill

•    "The Republican Jewish Coalition strongly supports HR 23, the Illegitimate Court Counteraction Act. Last year, House Republicans passed this bill to get ahead of the anti-Israel lynch mob at the International Criminal Court, but Israel has since come under an unprecedented international lawfare threat because Senate Democrats and President Biden blocked the legislation. Now that threat will be addressed - thanks to Republican success in the 2024 elections and strong GOP leadership in the House pushing this forward as a Week One priority." Source: RJC's National Chairman, Senator Norm Coleman (Republican, Minnesota) and CEO, Matt Brooks - Via a Press Release

•    "Our bill sends a clear message to the International Criminal Court. We may not recognize you, but you sure as hell will recognize what happens when you target America or its allies. The ICC’s attempt to obstruct Israel's right to defend itself has only prolonged the war and prevented the release of American hostages by boosting Hamas’ morale." Source: Chairman Brian Mast (Republican, Florida, District 21)