A Lawless International Court Threatens America’s Allies and Interests

The International Criminal Court’s Arrest Warrants Against Israeli Officials Are Lawless and Threaten the Sovereignty and Self-Defense of the United States and Israel

NEITHER THE U.S. NOR ISRAEL IS SUBJECT TO THE ICC’S JURISDICTION

The International Criminal Court (ICC) doesn’t have jurisdiction over the United States, as the Senate did not ratify the organization’s treaty, and the U.S. government does not turn U.S. citizens over to the court. (Congressional Research Service: The International Court of Justice and the International Criminal Court: A Primer – 4/4/24; The New York Times: Israel Is Not an I.C.C. Member. How Can the Court Prosecute Israeli Leaders? – 11/22/24)

Israel is not an ICC member nation and has no obligation to recognize the court or its rulings. (The New York Times: Israel Is Not an I.C.C. Member. How Can the Court Prosecute Israeli Leaders? – 11/22/24)

“In contrast to domestic legal systems, there are no centralized mechanisms for enforcing the decisions of international courts such as the ICJ and the ICC. Rather, international courts are dependent on the states that created them—individually and collectively—to comply with, support, and enforce their decisions.” (Congressional Research Service: The International Court of Justice and the International Criminal Court: A Primer – 4/4/24)

THE ICC’S ACTIONS JEOPARDIZE THE SOVEREIGNTY AND SELF-DEFENSE OF ISRAEL AND THE UNITED STATES

“The precedent will harm the ability of all democracies to defend themselves against terror groups or states… The effect of the ICC warrants is to disarm any Western democracy that is responding to atrocities from terrorists and rogue states. This precedent will be used against the U.S., which, like Israel, never joined the ICC.” (The Wall Street Journal: Editorial: The ICC’s Assault on Israel—and the U.S. – 11/21/24)

Israel’s sovereignty is threatened: “The International Criminal Court’s chief prosecutor has told judges that Israeli objections to the investigation into the 13-month war in Gaza should be rejected.” (The Associated Press: ICC chief prosecutor wants Israeli objections over Netanyahu warrant to be rejected – 1/14/25)

The ICC has a record of targeting Americans: In 2020, ICC prosecutors began an investigation into U.S. personnel who served in Afghanistan since May 2003. (The Wall Street Journal: U.S. Rebukes International Court Over Afghanistan War Crimes Probe – 3/5/20)

THE ILLEGITIMATE COURT COUNTERACTION ACT TAKES RESPONSIBLE STEPS TO PROTECT AMERICAN INTERESTS

The bill sanctions any foreign person who “has directly engaged in or otherwise aided any effort by the International Criminal Court to investigate, arrest, detain, or prosecute” someone not under the ICC’s jurisdiction. (H.R. 23: Illegitimate Court Counteraction Act – 1/13/25)

The sanctions, which are also extended to immediate family members, include blocking property and transactions in the United States and revoking visa eligibility to enter the United States for those who aid the ICC in targeting citizens of non-member nations. (H.R. 23: Illegitimate Court Counteraction Act – 1/13/25)

Congress must act: Although the Trump administration sanctioned ICC officials associated with its investigation into American troops, the Biden administration lifted them despite the ICC not closing its investigation. (Politico: Biden lifts sanctions on International Criminal Court officials – 4/2/21)

THE HOUSE HAS PASSED THE ICC SANCTIONS BILL TWICE WITH BIPARTISAN SUPPORT. WILL SENATE DEMOCRATS SUPPORT AMERICAN AND ISRAELI SOVEREIGNTY?

“The ICC’s targeting of Netanyahu has sparked widespread backlash from Republicans and Democrats in Congress. President Joe Biden has also forcefully denounced the ICC move, saying ‘there is no equivalence’ between Israel and Hamas, but the administration has said it does not support the GOP-led effort to sanction the court.” (CNN: House passes International Criminal Court sanctions bill after prosecutor seeks Netanyahu warrant – 6/4/24)

Last year: “The House voted Tuesday to pass a bill to sanction International Criminal Court officials – House Republicans’ response to the court seeking an arrest warrant for Israeli Prime Minister Benjamin Netanyahu… The House passed the bill in a 247 to 155 vote, with 42 Democrats joining Republicans in support.” (CNN: House passes International Criminal Court sanctions bill after prosecutor seeks Netanyahu warrant – 6/4/24; H.R. 8282: Roll Call Vote #242 – 6/4/24)

This year, the House passed sanctions again: “Forty-five Democrats joined 198 Republicans in backing the bill. No Republican voted against it.” (Reuters: US House votes to sanction International Criminal Court over Israel – 1/10/25; H.R. 23: Roll Call Vote #7 – 1/9/25)

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