US house moves to sanction ICC following arrest warrants against Israeli PM

The ICC issued arrest warrants in May 2023, accusing Netanyahu and Gallant of war crimes linked to the ongoing Gaza conflict. The conflict has resulted in significant casualties, sparking global debate.

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Israeli PM Benjamin Netanyahu (X/MarioNawfal)

The US House of Representatives passed a bill on Thursday titled the "Illegitimate Court Counteraction Act," aiming to impose sanctions on the International Criminal Court (ICC). This move comes in response to the ICC's arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

The bill passed with strong bipartisan support, receiving 243 votes in favor and 140 against. Among the supporters were 45 Democrats and 198 Republicans, with no Republican opposition. The legislation, reflecting firm US support for Israel, now advances to the Republican-controlled Senate.

Representative Brian Mast, chair of the House Foreign Affairs Committee, remarked, “America is passing this law because a kangaroo court is seeking to arrest the prime minister of our great ally, Israel.”

Proposed sanctions and their scope

The legislation targets individuals and entities assisting the ICC in investigations, arrests, or prosecutions of US citizens or those from allied nations that do not recognize the court’s authority. Sanctions include freezing assets and denying visas to individuals contributing to the ICC’s actions.

The ICC issued arrest warrants in May 2023, accusing Netanyahu and Gallant of war crimes linked to the ongoing Gaza conflict. The conflict has resulted in significant casualties, sparking global debate.

Criticism and historical context

Human rights organizations have criticized the bill, arguing it undermines an independent judicial institution and jeopardizes global justice efforts. However, the Senate is expected to expedite the bill, allowing President-elect Donald Trump to sign it into law.

During his previous term, Trump imposed sanctions on ICC officials over investigations into US actions in Afghanistan and Israeli activities in Palestinian territories. These sanctions were later lifted by President Joe Biden.

ICC jurisdiction and US stance

The ICC, based in The Hague, investigates war crimes, crimes against humanity, and genocide. While Israel and the US are not members, the court has jurisdiction over crimes within member states. Despite opposing the ICC’s authority, the US has occasionally supported its actions, such as issuing an arrest warrant for Russian President Vladimir Putin over alleged war crimes in Ukraine.