The U.S. House of Representatives has passed a bill to impose sanctions on the International Criminal Court (ICC). This action comes after the ICC's prosecutor applied for arrest warrants against several Israeli officials, including Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, relating to alleged war crimes in Gaza.
The legislation, introduced by Republican Congressman Chip Roy of Texas, passed with a 247-155 vote. While two Republicans voted "present," the bill saw significant bipartisan support with 42 Democrats crossing the aisle to back it. Despite this, the bill is not expected to become law, as it faces significant opposition in the Democrat-controlled Senate and from President Joe Biden, who has indicated strong opposition to the measure.
The bill, titled the Illegitimate Court Counteraction Act, aims to block entry to the U.S. for ICC officials involved in the case, revoke their U.S. visas, and restrict their ability to make property transactions in the country. Congressman Roy labeled the ICC a "massive threat to U.S. sovereignty," and stressed the necessity of this legislation to protect American and allied interests.
This legislative push follows ICC prosecutor Karim Khan's announcement last month, in which he stated he had "reasonable grounds" to believe that Netanyahu, Gallant, and three Hamas leaders-Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh-bore "criminal responsibility" for war crimes and crimes against humanity committed during the ongoing conflict in Gaza.
Khan's announcement marked the first time the ICC has targeted top leaders of a close U.S. ally. Both Israel and Hamas reacted with outrage. Netanyahu denounced the ICC's actions as a "moral outrage of historic proportions," while Gallant criticized the prosecutor for equating Israel's self-defense efforts with Hamas's actions. Hamas, which is designated as a terrorist organization by Israel, the U.S., and other countries, demanded the cancellation of the warrants and accused Khan of equating "the victim with the executioner."
The White House also condemned the ICC's move, calling it "outrageous," but stated it does not support the proposed sanctions against the court. "There are more effective ways to defend Israel, preserve U.S. positions on the ICC, and promote international justice and accountability," a White House statement read.
Despite the House's approval, the bill faces significant hurdles. It must pass the Senate, where some Democrats, like John Fetterman of Pennsylvania, have expressed support for sanctioning the ICC, but broader Democratic opposition remains strong. Furthermore, Biden's administration has indicated a preference for diplomatic engagement over punitive measures.
The bill's passage comes at a sensitive time as Netanyahu prepares for a potential address to Congress this summer, further underscoring the enduring political and strategic ties between the U.S. and Israel.
The ICC, established by a UN treaty in 2002, aims to prosecute those responsible for genocide, crimes against humanity, and war crimes when national authorities are unable or unwilling to do so. While neither the U.S. nor Israel are members of the ICC, both countries have historically supported its efforts in other international contexts not related to the Israeli-Palestinian conflict.
The conflict in Gaza, which reignited last October with a Hamas attack on southern Israel, has led to significant casualties. Israeli authorities report over 1,200 people killed and 251 taken hostage by Hamas, while Gaza's health ministry, run by Hamas, reports over 36,470 fatalities due to Israel's military campaign.
