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House Passes Legislation to Sanction ICC After Arrest Warrants Issued for Israeli Leaders

House Passes Legislation to Sanction ICC After Arrest Warrants Issued for Israeli Leaders
Credit: Kent Nishimura/Getty Images

US (Washington Insider Magazine)— The U.S. House of Representatives has approved a bill aimed at sanctioning the International Criminal Court (ICC) following its prosecutor’s request for arrest warrants against Israeli officials. The ICC is seeking warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant in connection with alleged war crimes during the ongoing conflict in Gaza. Additionally, the prosecutor is pursuing warrants for three Hamas leaders.

The legislation, championed by pro-Israel Republicans, seeks to block entry into the U.S. for ICC officials involved in the case. It passed with a significant majority of Republican support, receiving a vote of 247-155. Notably, two Republicans voted “present,” and 42 pro-Israel Democrats joined their Republican colleagues in supporting the bill.

While the House passed the legislation, it is unlikely to become law as it faces resistance in the Democrat-controlled Senate, where it must be approved before reaching the president’s desk. President Joe Biden has also expressed strong opposition to the bill, with the administration stating it does not endorse the proposed sanctions.

If enacted, the legislation would revoke U.S. visas held by ICC officials and restrict their ability to engage in property transactions within the U.S. Some Senate Democrats, like John Fetterman of Pennsylvania, have indicated support for sanctions against the ICC, expressing frustration over the arrest warrants.

Congressman Chip Roy, a Texas Republican and the bill’s sponsor, has characterized the ICC as a “massive threat to U.S. sovereignty.” While many Democrats support Israel, they have criticized Netanyahu’s conservative government, with some opponents arguing the measure could compel the U.S. to sanction allied nations supporting the ICC.

As the bill moved through the House, Democrat Jim McGovern voiced concerns, stating, “This bill makes a mockery of the rules-based international order that America helped build.”

The passage of this bill comes on the heels of an invitation extended to Netanyahu by U.S. lawmakers to address Congress, although a date for his speech has yet to be determined. Last month, ICC Chief Prosecutor Karim Khan indicated he had “reasonable grounds” to believe that Netanyahu, Gallant, and Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh could bear “criminal responsibility” for alleged war crimes during the Gaza conflict.

Republican House Speaker Mike Johnson stated, “The ICC has to be punished for this action,” emphasizing the potential risks if the ICC is allowed to pursue leaders of U.S. allies.

Both the Israeli government and Hamas reacted strongly to Khan’s announcement. Netanyahu condemned the arrest warrant applications as a “moral outrage of historic proportions,” while Gallant accused the prosecutor of unfairly equating Israel with Hamas. Hamas, labeled a terrorist organization by the U.S., Israel, and others, demanded the cancellation of the warrants for its leaders.

Should the ICC judges issue the arrest warrants, enforcement will depend on the 124 member states, including key U.S. allies like the UK.

The White House condemned the ICC prosecutor’s actions as “outrageous,” reiterating that it does not support sanctioning the court. The administration believes there are more effective ways to defend Israel and uphold U.S. positions on the ICC while promoting international justice.

Established by a UN treaty in 2002, the ICC investigates genocide, crimes against humanity, and war crimes, intervening when national authorities fail to prosecute. The U.S., similar to Israel, is not a member of the ICC and does not recognize its jurisdiction, although it has previously supported the court’s investigations not related to Israel and Palestine.

The current conflict in Gaza erupted after Hamas launched an attack on southern Israel on October 7, resulting in the deaths of approximately 1,200 people and the kidnapping of 251 others, according to Israeli officials. In response, Israel’s military campaign in Gaza has reportedly resulted in over 36,470 deaths, as reported by the Hamas-run health ministry.

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