80+ Groups Urge Congress, Trump to Reconsider Sanctions on ICC

Scores of advocacy groups on Monday published a joint open letter decrying proposed U.S. legislation targeting the International Criminal Court with sanctions in retaliation for the tribunal's recent issuance of arrest warrants for Israeli leaders accused of war crimes and crimes against humanity in Gaza.

The Washington Working Group on the International Criminal Court published the letter—which has been signed by over 80 groups as of Monday afternoon—stressing that "the ICC performs a vital role in international affairs by investigating the worst international crimes that shock the collective conscience of humanity and investigating those accused of committing those crimes."

"The positive role of the ICC has been recognized through previous bipartisan support."

"It does so in a manner that protects the due process rights of the accused, the sovereignty of states, including the United States, and the rights of victims," the letter asserts. "As has been widely observed, supporting the work of the court is in the interest of the United States, and sanctioning it, conversely, undermines important U.S. interests."

"The positive role of the ICC has been recognized through previous bipartisan support for investigations into war crimes allegedly perpetrated by Russian officials in the Ukraine conflict... attempts to bring justice for the victims of gross human rights violations in Myanmar, and as a pathway to accountability for perpetrators of atrocities in Sudan," the letter adds.

On Friday far-right Congressmen Chip Roy (R-Texas) and Brian Mast (R-Fla.) introduced H.R. 23, the Illegitimate Court Counteraction Act, which would "impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies."

The bill, which was fast-tracked by the 119th House rules package, was initially approved last June by the Republican-controlled lower chamber with the support of 42 Democratic lawmakers. However, the measure failed to pass the Democrat-controlled Senate. Republicans now control both houses of Congress.

"As human rights, legal, and faith-based organizations, the foundations of civil society, as well as individuals who have dedicated their careers to these causes, we decry attempts to attack an independent judicial institution and urge the 119th Congress and incoming administration to reconsider this misguided position," the letter's signers asserted.

Signatories include the ACLU, Al Haq, Amnesty International USA, Center for Constitutional Rights, Democracy for the Arab World Now, Human Rights Watch, Pax Christi USA, Peace Action, Physicians for Human Rights, and Veterans for Peace.

In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri.

Outgoing Democratic President Joe Biden and Republican President-elect Donald Trump have both condemned the ICC's effort to arrest Israeli leaders, although Biden has spoken out against H.R. 23.

Rep. Mike Waltz (R-Fla.), Trump's pick for national security adviser, is a vocal supporter of Israel's 15-month assault on Gaza, which has left more than 165,000 Palestinians dead, wounded, or missing. Waltz, who supports the sanctions bill, threatened a "strong response" to the tribunal's warrants.

The United States—which provides Israel with tens of billions of dollars in armed aid and diplomatic cover—has reportedly worked with Israel to thwart the ICC's effort to arrest Israeli leaders.

Neither Israel or the U.S. are signatories to the Rome Statute, the treaty underpinning the ICC. However, Palestine is a party to the treaty, and nonsignatories can be held liable for crimes committed there.

The U.S. has a decadeslong history of antagonism toward the ICC. Under the American Service Members' Protection Act—Bush administration-era legislation also known as the Hague Invasion Act—the president is authorized to use "all means necessary and appropriate" including military intervention to secure the release of American or allied personnel held by or on behalf of the ICC.

In 2019, Trump revoked the U.S. visa of then-ICC Prosecutor Fatou Bensouda for trying to investigate alleged war crimes committed by American forces in Afghanistan. The following year, the Trump administration sanctioned Bensouda and Phakiso Mochochoko, the court's prosecution jurisdiction division director at the time.

"At an historical moment when the global rule of law is under attack from multiple fronts, institutions like the International Criminal Court are needed more than ever to advance human rights protections and the universal goal of preventing future atrocities and advancing justice for victims," the new letter's signers argued.

"Instead, sanctions send a signal that could embolden authoritarian regimes and others with reason to fear accountability who seek to evade justice," the letter continues. "It is essential that the United States answer any allegation of wrongdoing in a manner that does not betray the cause of global justice, abandon international cooperation, or compromise support for human dignity and rights."

"It would be a terrible irony if a tool designed to penalize gross violators of human rights could instead contribute to their continued impunity," the letter concludes. "We urge other governments, members of Congress, and advocates for victims everywhere to raise their voices to oppose attacks on the independence and autonomy of international judicial institutions like the ICC. We invite allies of justice to join us in standing against these destructive measures."