UN Experts Urge US Senate to Reject ICC Sanctions Bill Passed by House

Four independent United Nations experts on Friday urged United States senators to oppose legislation passed earlier this week in the House of Representatives that would sanction members of the International Criminal Court after the tribunal issued arrest warrants for Israeli leaders for alleged crimes against humanity in Gaza.

H.R. 23, the Illegitimate Court Counteraction Act—introduced by Reps. Chip Roy (R-Texas) and Brian Mast (R-Fla.)—passed the House on Thursday with strong bipartisan support. Forty-five Democrats joined all 198 Republicans who voted in favor of the bill, which, if passed by the Senate and signed by the president, would "impose sanctions with respect to the International Criminal Court (ICC) engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies."

A similar bill was passed by the House earlier this year failed to clear the Democrat-controlled Senate. The upper chamber is now under Republican control.

Responding to the proposal, Margaret Satterthwaite, the U.N. special rapporteur on the independence of judges and lawyers; Francesca Albanese, special rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; George Katrougalos, independent expert on the promotion of a democratic and equitable international order; and Ben Saul, special rapporteur on counter-terrorism and human rights, said in a statement:

It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability. Threats against the ICC promote a culture of impunity. They make a mockery of the decades-long quest to place law above force and atrocity.

The tireless work of brave legal professionals at the ICC is the main driver for accountability. The work of its prosecutors becomes the foundation upon which our efforts to uphold the integrity of the system of international law is resting. We call upon all state parties to the ICC and on all member states in general, to observe and respect international standards, as it relates to legal professionals working to bring accountability for the most grave international crimes.

Although neither the Israel or the United States is a party to the Rome Statute, the treaty underpinning the ICC that's been ratified by 125 nations, Palestine is a signatory to the treaty and crimes committed there by non-signatories can still be prosecuted.

In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant—who ordered the "complete siege" of Gaza that experts say is to blame for the rampant starvation, sickness, and deprivation of basic human necessities such as food, water, medicine, and shelter that has resulted in Palestinians, mostly babies and children, dying of preventable causes including malnutrition, disease, and hypothermia.

The warrants were for alleged crimes against humanity and war crimes in Gaza. The ICC also issued an arrest warrant for Hamas leader Mohammed Diab Ibrahim Al-Masri for alleged crimes against humanity and war crimes committed during the October 7, 2023 attack on Israel, as well as the kidnapping and abuse of Israeli and international hostages.

According to the Gaza Health Ministry, Israel's 463-day assault on Gaza has killed more than 46,500 Palestinians in Gaza. However, this could be a vast undercount. A peer-reviewed study published this week by the esteemed British medical journal The Lancetfound that, between October 7, 2023 and June 30, 2024 alone, more than 64,000 Gazans were killed by Israeli forces.

The International Court of Justice is currently weighing a genocide case against Israel brought by South Africa and supported by numerous nations, most recently Ireland.

The Biden administration and most of Congress oppose the ICC warrants, as does Republican President-elect Donald Trump, whose pick for national security adviser, Rep. Mike Waltz (R-Fla.), has threatened a "strong response" to the ICC for its move to bring the Israeli leaders to justice.

The U.N. experts asserted that "international standards provide that lawyers and justice personnel should be able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and should not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards, and ethics."

"We urge U.S. lawmakers to uphold the rule of law and the independence of judges and lawyers," they added, "and we call on states to respect the court's independence as a judicial institution and protect the independence and impartiality of those who work within the court."