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The House on Thursday approved legislation to sanction officials of the International Criminal Court (ICC), reversing the court’s decision to issue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister for their actions during Israel’s war against Hamas in Gaza. pull
The legislation reached the majority threshold by mid-afternoon Thursday, with dozens of Democrats joining Republicans, but the vote was left open as lawmakers returned to Capitol Hill from President Carter’s funeral.
House Foreign Affairs Committee Chairman Brian Mast (R-Fla.) made the ICC bill, which was introduced Friday, a priority as soon as the 119th Congress began.
A GOP congressional aide he told The Hill earlier this weekthat Mast, who co-sponsored the bill along with Rep. Chip Roy (R-Texas), wanted to send a message early that the US would stand by Israel.
“A kangaroo court is trying to arrest the prime minister of our great ally, Israel, who is not only responding to an enemy that carried out genocide,” Mast told the courtroom Thursday before the vote, “but an enemy that he still has 100 hostages.”
The bill was supported not only by Republicans, but also by centrist Democrats who believe the ICC lacks legal jurisdiction to seek warrants against senior Israeli officials. They say the court is drawing unfair comparisons between Israel and Hamas, a US-designated terrorist organization.
“The ICC has set a precedent for criminalizing self-defense: any country that dares to defend itself against an enemy that exploits civilians as human shields will face persecution under the guise of prosecution,” he said. said Rep. Ritchie Torres (DN.Y.) published in X before the vote.
“Hamas not only waged war on Israel, causing the deadliest day for Jews since the Holocaust, but carefully constructed a battlefield designed to maximize the loss of civilian life. Nothing in this context seems matter to the kangaroo court of the ICC, which cannot allow facts to get in the way of its ideological crusade against the Jewish State.”
The bill, called the Countering the Unlawful Court Act, calls for sanctions against any court official, or entities that support the court, for attempting to “investigate, arrest, detain, or prosecute” a US citizen or a citizen of an allied country that is not a signatory to the Rome Statute, the treaty that establishes the court and in which countries it has jurisdiction.
The bill, which would take effect 60 days after its enactment, applies to NATO, the 32-member Western security alliance, and to 19 major non-NATO countries, including allies such as Israel.
In November, the ICC issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant, along with Mohammed Deif, the Hamas commander responsible for the October 7, 2023, attack on Israel that killed around 1,200 people and took about 250 hostages. Israel claimed to have killed Deif, but Hamas has never confirmed his death.
ICC prosecutors announced they were seeking arrest warrants last spring, charging both Hamas and Israel with war crimes. More than 46,000 Palestinians have died in Gaza since the war began, and Israel has also faced accusations of blocking humanitarian aid efforts. A special committee with the United Nations concluded in November that Israel’s actions in Gaza amounted to genocide, including the use of starvation as a weapon of war.
The Biden administration has rejected characterizations of genocide, but said in a May report that Israel’s use of US weapons likely violated international law.
Both the US and Israel are not parties to the ICC and argue that they are not subject to the court’s jurisdiction. But in the November statement announcing the orders, the ICC judges said the court has jurisdiction because the state of Palestine is a party. The orders mean Netanyahu and Gallant cannot travel to ICC countries without risk of arrest.
Speaker Mike Johnson (R-La.) announced Tuesday his intention to introduce the bill, saying Congress would put “ICC Prosecutor Karim Khan back in his place.”
“It has no jurisdiction over Israel or the United States, and it is outrageous that they are issuing arrest warrants.” Johnson said. “The ICC is actually equating Israel and Hamas, even though Hamas is still holding Israelis and Americans hostage.”
Some Democrats rejected the bill. Rep. Jim McGovern (D-Mass.) criticized Republicans for prioritizing the ICC sanction amid economic challenges and pressing disasters like the wildfires in California.
“All these challenges, and that’s what the out-of-touch billionaire elitist Republican Party wants to waste their time on,” he said.
McGovern took a strong stand on the floor, sparring with Republicans on the measure, which he said would not release the hostages and would make it harder for the ICC to work around the world where human rights violations are committed.
He said the GOP has not criticized the ICC for orders against Hamas or against Russian President Vladimir Putin. And he accused Republicans of acting against the court because they “don’t want the rules to apply to everyone.”
Senate Majority Leader John Thune (R-SD) has pledged to bring the legislation to the Senate floor, but it will likely require 60 votes to overcome a filibuster.
“In November, I promised that if (former Senate Majority Leader) (Chuck) Schumer (DN.Y.) did not introduce the ICC sanctions bill, Republicans would, and we will soon deliver on that promise and we will have a deal vote to support our ally Israel,” Thune told the Senate on Wednesday.
While Schumer and the White House opposed introducing ICC legislation during the previous Congress, then-Senate Foreign Relations Committee Chairman Sen. Ben Cardin (D-Md.) said that sought bipartisan agreement on an ICC. sanctions bill.
Senator Jeanne Shaheen (DN.H.), now ranking member of the Senate Foreign Relations Committee, said Jewish Insider on Tuesday that Democrats are “looking at whether there is an opportunity to offer an alternative” to the current ICC legislation.
The previously approved ICC legislation drew support from some House Democrats now in the Senate, including Sens. Ruben Gallego (D-Ariz.) and Elissa Slotkin (D-Mich.), who both voted in favor of the measure in September as members of the House.
“I tend to vote consistently,” Slotkin told Jewish Insider when asked about a Senate vote.
Sen. Adam Schiff (D-Calif.) was also a “no” when he served in the House, as was Sen. Lisa Blunt Rochester (D-Del.).
Former House member Sen. Andy Kim (DN.J.) was not present for the September vote.