IRIA News

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The U.S. House of Representatives voted to approve the “Illegitimate Court Counteraction Act,” aimed at sanctioning the International Criminal Court (ICC).

The decision comes in response to the court’s arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, accusing them of war crimes during Israel’s campaign in Gaza.

The legislation passed with a vote of 243 to 140, with 45 Democrats joining 198 Republicans in favor of the measure. No Republican voted against it. The bill proposes sanctions against any foreign individual who investigates, arrests, detains, or prosecutes U.S. citizens or those of allied nations, including Israel, who are not members of the ICC. The ICC, headquartered in The Hague, Netherlands, did not immediately comment on the vote.

Controversial move

The “Illegitimate Court Counteraction Act” reflects long-standing skepticism and hostility from Congressional Republicans toward the ICC, particularly after it decides to issue arrest warrants against Netanyahu and Gallant.

The warrants accuse the Israeli leaders of war crimes and crimes against humanity in a conflict that has seen significant violence and loss of civilian life. Israel has denied the allegations, describing its military actions as necessary responses to terrorist threats.

“America is passing this law because a kangaroo court is seeking to arrest the prime minister of our great ally, Israel,” said Representative Brian Mast, the Republican chairman of the House Foreign Affairs Committee, during a passionate speech before the vote. Mast argued that Israel has conducted its military operations in Gaza with “as much restraint as war can allow” and accused Hamas of deliberately using civilian infrastructure for military purposes.

“Let’s be clear about what is happening at the so-called international criminal court right now,” said Representative Chip Roy in his remarks on the House floor, highlighting, “It has taken the unprecedented action of issuing arrest warrants for the sitting prime minister and former minister of defense or our friend and ally, Israel. Let that sit in for a minute.”

Roy added, “This is an entity, the international criminal court, that has no jurisdiction over the people of the United States, should have no authority over our people, no authority over the Prime Minister of Israel, yet is extending into the people of Israel’s business in defending their interests against violent attack by Hamas, which we define as a terrorist entity.”

The ICC’s decision to pursue arrest warrants against Israeli leaders, according to its statements, was based on evidence presented by prosecutors and aimed at preventing ongoing crimes. However, Congressional Republicans and their allies in Israel have dismissed the ICC’s actions as politically motivated and detrimental to the broader fight against terrorism.

The U.S.-ICC relations

The House vote revives a fraught history between the U.S. and the ICC. In 2020, the Trump administration imposed sanctions on the court, including travel bans and asset freezes, in response to its investigations into alleged war crimes in Afghanistan, some of which involved U.S. personnel. While these sanctions were lifted under President Joe Biden’s administration, Secretary of State Antony Blinken signaled in May 2023 that the U.S. might consider imposing new sanctions over the ICC’s actions regarding Israel.

The new legislation escalates these tensions, providing the U.S. government with broader powers to target ICC officials and those assisting the court’s operations. It also marks a notable shift in legislative priorities with the Republican-controlled House seeking swift retaliation against what they perceive as overreach by the international body.

The ICC, established in 2002 as a permanent tribunal to prosecute individuals for war crimes, genocide, and crimes against humanity, has faced criticism from several nations, including the U.S., Israel, and Russia, for its jurisdictional reach and decision-making processes. None of these countries are members of the ICC, limiting the court’s ability to enforce its decisions within their territories.

Global criticism

Proponents of the “Illegitimate Court Counteraction Act” argue that the ICC’s actions against Israeli leaders jeopardize the fight against terrorism and undermine the sovereignty of nations not bound by the court’s authority. Representative Mast emphasized that Israel is a critical ally in the Middle East, battling terrorist groups like Hamas and working to secure the release of hostages, including American citizens.

“Israel is the tip of the spear in bringing the fight to an enemy who currently holds, and has killed, our fellow Americans,” Mast declared. He further accused Hamas of using civilians as human shields and engaging in war tactics that violate international law.

Critics, however, contend that the legislation undermines accountability for alleged war crimes and weakens international norms. They warn that sanctioning the ICC and individuals associated with it could damage the court’s ability to address atrocities worldwide.

In December, ICC President Judge Tomoko Akane cautioned that such measures “would rapidly undermine the Court’s operations in all situations and cases and jeopardize its very existence.” 

Poland to protect Netanyahu

In a separate development, Polish Prime Minister Donald Tusk announced that Israeli Prime Minister Benjamin Netanyahu will not face detention in Poland despite the ICC arrest warrant against him for alleged war crimes during Israel’s conflict in Gaza.

The Polish government adopted a resolution guaranteeing that senior Israeli officials, including Netanyahu, can freely travel to Poland to attend the 80th anniversary of the liberation of the Auschwitz-Birkenau concentration camp on January 27, 2025. The resolution emphasizes the importance of the event as a tribute to the Jewish nation, millions of whose members perished during the Holocaust.

Speaking to reporters, Tusk assured that all visiting Israeli leaders would be granted safety and immunity during the commemorations. “Whether it is the prime minister, the president, or the minister of education of Israel, whoever will come to Oswiecim for the celebrations in Auschwitz will be assured of safety and will not be detained,” he stated.

The Polish government’s decision underscores its commitment to honoring Holocaust victims while sidestepping the controversial ICC arrest warrant for Netanyahu, ensuring the focus remains on the solemn remembrance of history.