U.S. House Passes Legislation Targeting ICC Officials for Their Actions Against Israeli Figures

The interplay between national sovereignty and international law has ignited fervent discussions, particularly involving Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant.

On January 9th, 2025, the U.S. House of Representatives passed legislation to sanction officials from the International Criminal Court (ICC). This move directly counters the tribunal's decision to charge prominent Israeli leaders Netanyahu and Gallant with war crimes linked to their military actions against Hamas.

The bill requires the U.S. president to freeze assets and deny visas to any foreign individuals who have "materially or financially supported the ICC’s efforts to investigate, arrest, detain, or prosecute a protected person," as reported by Karoun Demirjian of The New York Times and Al Jazeera. "Protected Persons" refers to all current and former U.S. military and government officials, and those of its allies, such as Israel, who have not consented to the court’s jurisdiction.

Previously pushed by Republicans in the House, this bill didn't advance due to a Democrat-controlled Senate. However, with Republicans now holding both congressional chambers and Donald Trump poised to assume the presidency, the bill's passage seems more probable.

Last year, a similar proposal gained some bipartisan support but faced criticism from Democrats, who found the sanctions too broad and potentially ineffective. Nonetheless, with Republicans leading, opposition to the bill’s enactment has waned.

In a 243 to 140 vote, the House saw Democrats joining Republicans to express significant bipartisan discontent over the ICC’s pursuit of war crimes charges against Israeli officials and Hamas leaders. Notably, Senator John Thune, the Republican Majority Leader from South Dakota, declared, as quoted by The New York Times and Al Jazeera, “I pledged that if Leader Schumer did not bring the ICC sanctions bill to the floor, Republicans would. We will soon fulfil that promise and hold a vote to support our ally, Israel.” Representative Brian Mast, a Republican from Florida and chair of the House Foreign Affairs Committee added that the legislation was necessary in response to what he termed as a "kangaroo court" attempting to arrest an ally's Prime Minister. He accused the ICC of antisemitism and impeding efforts to free American hostages from Hamas, asserting, “Do not obstruct America or our allies in their efforts to bring our people home. You will receive no mercy and will certainly not be welcome on American soil.”

While the House approved sanctions against the ICC, the conflict continues to claim lives, having resulted in over 46,000 Palestinian deaths since October 2023, many being women and children, as widely reported on news outlets, and seen by the public via social media. United Nations experts have condemned Israeli actions in Gaza as having "characteristics of genocide." The U.S., along with the UK, has provided significant military support to Israel, despite domestic and international criticism of its operations in Gaza, often described as mass killings, blood baths, slaughter, or genocide by the public and media.

Efforts by the Biden administration to broker a ceasefire were initially unsuccessful. However, as of January 14th, 2025, hopes for a permanent ceasefire and a hostage-prisoner exchange remain tentative. HA Hellyer, an expert in global security and Middle Eastern politics, expressed scepticism, noting that the situation resembles a hostage negotiation rather than a clear path to ending hostilities and removing the IDF in Gaza.

Proponents of the sanctions argue they are a necessary rebuke to the ICC for equating Israeli leaders with Hamas, a designated terrorist group. They view the measure as a crucial stand against the ICC's perceived overreach, given that Israel, like the U.S., has not accepted its jurisdiction. Representative Chip Roy, a Republican from Texas and the Bill’s author emphasised, “The ICC should have no authority over our personnel, nor the prime minister of Israel.”

Conversely, Al Jazeera reported that human rights organisations criticized the House Bill, labelling it an assault on an "independent judicial institution." They argued that freezing assets and imposing entry bans could frame the U.S. as favouring impunity over justice, potentially hindering victims' access to justice in court investigations.

Karim Khan, the ICC Chief prosecutor who issued the arrest warrants for Netanyahu and Gallant, stated that his actions align with the court's mandate and could deter ongoing crimes. The ICC is authorised to adjudicate alleged war crimes, crimes against humanity, and genocide involving nationals of states recognising the court or occurring within such countries. In 2015, Palestine acceded to the Rome Statute and accepted ICC jurisdiction, following its recognition as a UN observer state.

Ironically, the U.S. and Israel were among the few countries that opposed the ICC's establishment in 1998. Although both signed the Rome Statute, the foundational document of the court, neither ratified it.

Interestingly, the timing of this announcement by Congress is notable – it came on the same day the U.S. was honouring former President Jimmy Carter, who was instrumental in creating the ICC. The juxtaposition highlights the complex and at times contradictory nature of international politics and accountability. ?