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The ACLU warned the legislation would "harm free speech protections" and "undermine the rule of law and the independence of the ICC."
Human rights defenders on Tuesday decried the U.S. House of Representatives' passage of a bill that would sanction International Criminal Court officials over the Hague tribunal's pursuit of arrest warrants for Israeli leaders—legislation critics warned would undermine the court's independence and could be weaponized to silence Americans' free speech.
House lawmakers voted 247-155 in favor of H.R. 8282, the Illegitimate Court Counteraction Act. Forty-two pro-Israel Democrats joined all but two Republicans who voted "present" in approving the bill, which was sponsored by far-right Rep. Chip Roy (R-Texas).
"The idea that they would issue an arrest warrant for the prime minister of Israel, defense minister of Israel, at the time where they're fighting for their nation's very existence against the evil of Hamas as a proxy of Iran is unconscionable to us," said House Speaker Mike Johnson (R-La.), according toThe Hill. "And as I said a couple of weeks ago, the ICC has to be punished for this action."
However, Rep. Delia Ramirez (D-Ill.) said on the House floor ahead of Tuesday's vote that "we need the ICC" because "in the last 241 days, thousands, thousands have been victims of unimaginable atrocities, and [Israeli Prime Minister Benjamin] Netanyahu's violations of international law have threatened the peace of the world."
Since October 7, when a massive attack by Hamas-led militants left more than 1,100 Israelis and foreign nationals dead and over 240 others hostages, Israeli forces have killed or injured upward of 130,000 Palestinians in Gaza, including at least 11,000 people who are missing and believed dead and buried beneath the rubble of hundreds of thousands of bombed-out buildings. Israel's forced displacement of around 2 million of Gaza's 2.3 million people and its famine-inducing siege have also been cited as evidence in a genocide case before the International Court of Justice (ICJ).
Congressman Jim McGovern (D-Mass.) said passing H.R. 8282 would fuel international allegations of U.S. hypocrisy.
"I am already being challenged to explain U.S. double standards every time I meet with representatives of foreign governments," McGovern said on the House floor ahead of the vote. "What better gift to China and Russia than for us to undermine the international rule of law."
The ACLU warned Tuesday in a letter to members of Congress that the bill "would harm free speech protections and the rule of law."
"This legislation raises serious First Amendment concerns, as it would chill U.S. persons from engaging in constitutionally protected speech under the threat of civil and criminal penalties" and "undermine the rule of law and the independence of the ICC," the group added.
The Friends Committee on National Legislation (FCNL), a Quaker organization,
said on social media Tuesday that sanctioning ICC officials "would undermine the court's independence and the global community's ability to uphold international law."
"Sanctions would obstruct support for other important ICC investigations, including into Russia's invasion of Ukraine," FCNL added. "This vital accountability mechanism must be allowed to impartially seek justice."
Last month, ICC Prosecutor Karim Khan announced he was seeking warrants to arrest Netanyahu and Israeli Defense Minister Yoav Gallant for alleged "crimes of causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, [and] deliberately targeting civilians in conflict."
Khan is also seeking arrest warrants for Hamas leaders Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif for alleged crimes including "extermination, murder, taking of hostages, rape, and sexual assault in detention."
A panel of ICC judges will decide whether to issue the warrants.
Meanwhile, congressional leaders have invited Netanyahu to Washington, D.C. for the rare honor of addressing a joint session of Congress. The prime minister has reportedly accepted the invitation, although no date has been set for his speech.
U.S. President Joe Biden was accused of double standards for condemning the ICC's targeting of Israeli leaders—whose conduct is under investigation in the ICJ genocide case—while applauding its March 2023 arrest warrants for Russian President Vladimir Putin and Russian Commissioner for Children's Rights Maria Alekseyevna Lvova-Belova for alleged crimes committed during the ongoing invasion of Ukraine.
The White House said Monday that it "strongly opposes" the ICC sanctions bill, but Biden has not said whether he would veto the legislation in the unlikely event it is taken up—and passed—by the Senate.
Tuesday's vote has already had consequences, as the youth-led progressive group Path to Progress said it would not endorse Reps. Ruben Gallego (D-Ariz.) and Elissa Slotkin (D-Mich.) as expected in their respective U.S. Senate races due to their approval of the bill.
This isn't the first time that Congress has targeted the ICC. In 2002, lawmakers passed and then-President George W. Bush signed the American Servicemembers Protection Act, also known as the Hague Invasion Act because it authorizes the president 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 2020, the administration of former U.S. President Donald Trump—who is expected to challenge Biden in November's election—imposed sanctions on then-ICC Prosecutor Fatou Bensouda and Phakiso Mochochoko, the court's prosecution jurisdiction division director, in retaliation for a probe of alleged war crimes committed by American troops in Afghanistan.
Last month, Khan condemned "all attempts to impede, intimidate, or improperly influence" ICC officials. Later in May, the Israeli media outlets +972 Magazine and Local Call, along with Britain's The Guardian, revealed that the head of the Mossad, Israel's main foreign intelligence agency, spent nearly a decade attempting to intimidate Bensouda into dropping an investigation into alleged Israeli war crimes.
"This was intentional," said U.S. Rep. Rashida Tlaib. "You don't accidentally kill massive amounts of children and their families over and over again and get to say, 'It was a mistake.'"
Palestine defenders on Monday blasted Israeli Prime Minister Benjamin Netanyahu for claiming the previous day's bombing of a refugee camp in Gaza that killed at least 50 people and injured dozens more—many of them women and children—was a "tragic mistake."
The attack on the tent encampment in the Tal al-Sultan neighborhood—an Israeli-designated "safe zone" in the southern city of Rafah—ignited an inferno that burned people alive inside the tents in which they were sheltering. Graphic images showed charred and melted tents and bodies, including a small child whose head was missing.
Israeli officials—who habitually deny Israel Defense Forces (IDF) massacres—admitted to carrying out the strike, which they said killed two top Hamas members.
"Despite our utmost efforts not to harm innocent civilians, last night, there was a tragic mistake," Netanyahu told members of the Knesset, Israel's parliament, on Monday. "We are investigating the incident and will obtain a conclusion because this is our policy."
However, critics were quick to refute the "mistake" narrative.
"This was intentional. You don't accidentally kill massive amounts of children and their families over and over again and get to say, 'It was a mistake,'" U.S. Congresswoman Rashida Tlaib (D-Mich.) said in a social media post to President Joe Biden. "Genocidal maniac Netanyahu told us he wants to ethically cleanse Palestinians. When are you going to believe him, POTUS?"
Progressive U.S. lawmakers, human rights campaigners, and parties to the South Africa-led genocide case before the International Court of Justice (ICJ) are among those who have flagged what they call statements of genocidal intent by Israeli government and military officials. Netanyahu has
likened Palestinians to the Amalekites, an ancient mythical foe of the Jews whom the God of the Hebrew Bible commanded the Israelites to exterminate. Israeli Defense Minister Yoav Gallant called Palestinians "human animals" while announcing the "complete siege" of Gaza.
Former Human Rights Watch director Kenneth Roth
said: "It stops being a 'tragic mistake' when the Israeli government keeps killing large numbers of Palestinian civilians. The problem is the rules of engagement that permit attacks with little regard for Palestinian civilians. Are they mere 'human animals'?"
Dave Zirin, sports editor at The Nation, said on social media that "it wasn't a 'tragic mistake.' It was genocidal policy."
Last week, the ICJ ordered Israel to "immediately" halt its Rafah offensive. Israel ignored the order and kept attacking the city.
Also last week, International Criminal Court Prosecutor Karim Khan
said he is formally seeking arrest warrants for Netanyahu, Gallant, and three Hamas leaders for alleged crimes against humanity including extermination committed on and after the October 7 attacks that left more than 1,100 Israelis and foreign nationals dead and over 240 others taken hostage. At least some of the victims were killed by so-called "friendly fire."
More than 128,000 Palestinians have been killed or injured by Israeli bombs and bullets since October 7, according to Gaza officials, who count at least 11,000 missing people—who are presumed dead and buried beneath the rubble of hundreds of thousands of bombed-out buildings—among that grim toll.
Despite these staggering casualties—and Israel's forced displacement, starvation, and deprivation of millions of Gazans—the United States continues to support its top Middle Eastern ally with billions of dollars in arms and with diplomatic and political support including United Nations Security Council vetoes and genocide denial.
"How many times are we going to hear, it was a 'mistake' before we take serious action against Netanyahu?" U.S. Congresswoman Delia Ramirez (D-Ill.) asked. "How does anyone justify his administration? Every single moment that we supply arms, send money, and make excuses makes us absolutely complicit in his barbaric war of death against Palestinians. Enough!"
Democratic strategist Waleed Shahid
contended that "Biden supplying Netanyahu with weapons while issuing his hundredth call for restraint is like a bartender serving drinks to an alcoholic while urging sobriety."
"Biden's backing of Netanyahu's war is rooted in a hierarchy of human value, an empathy gap that perpetuates suffering, violence, and distrust," he added. "Cutting off American weapons is the only way to isolate Netanyahu to prevent further killing of women and children in what has become the largest slaughter of Palestinian civilians since Israel's founding in 1948."
Some critics said this would be a good time to follow through on his threats to cut off U.S. arms shipments to Israel if it invaded Rafah.
"The mass killing of civilians seeking refuge, whether by mistake or otherwise, is exactly what President Biden said would be unacceptable about an Israeli offensive in Rafah," Center for International Policy vice president for government affairs Dylan Williams said in a statement. "Biden shouldn't wait for a pro forma Israeli investigation—he should stand by his word and halt arms right now."
"Members of Congress should understand that approving more military aid could subject them to personal liability for aiding and abetting an ongoing genocide in Gaza."
Hours after the U.S. House approved legislation that would send billions of dollars in additional military aid to Israel, the country's forces killed nearly two dozen people in Rafah, the southern Gaza city where more than half of the enclave's population is sheltering.
Gaza health officials said Sunday that the weekend strikes on Rafah—a former "safe zone" that Israel has been threatening to invade for weeks—killed 22 people, including 18 children. The Associated Pressreported that the first of the Israeli strikes "killed a man, his wife, and their 3-year-old child, according to the nearby Kuwaiti Hospital, which received the bodies."
"The woman was pregnant and the doctors saved the baby, the hospital said," AP added. "The second strike killed 17 children and two women from an extended family."
Israeli forces have killed more than 14,000 children in Gaza since October, but the Biden administration and American lawmakers have refused to back growing international calls to cut off the supply of weaponry and other military equipment even as U.S. voters express support for an arms embargo.
The measure the House approved on Saturday includes $26 billion in funding for Israel, much of which is military assistance.
"Just a day after the House voted to send $14 billion in unconditional military funding to [Israeli Prime Minister Benjamin] Netanyahu's campaign of death and destruction, he bombed the safe zone of Rafah AGAIN, killing 22 Palestinians, of which 18 were CHILDREN!" U.S. Rep. Delia Ramirez (D-Ill.), one of the 58 House lawmakers who voted against the legislation, wrote on social media late Sunday.
"History books will write about today and the past seven months, and how our nation's leaders lacked the courage and moral clarity to stand up to a tyrant," she added. "Shameful."
The military aid package for Israel now heads to the U.S. Senate, which is set to consider the bill early this week. U.S. President Joe Biden, who has continued to greenlight arms sales to Israel amid clear evidence of war crimes, is expected to sign the measure if it reaches his desk.
"Rather than sending more weapons to Israel, Congress should declare an immediate arms embargo on Israel."
U.S. law prohibits "arms transfers that risk facilitating or otherwise contributing to violations of human rights or international humanitarian law," according to a White House memo issued in February. The U.S. State Department has said repeatedly that it has not found Israel to be in violation of international law, a position that runs directly counter to the findings of leading humanitarian organizations and United Nations experts.
The investigative outlet ProPublicareported last week that a "special State Department panel recommended months ago that Secretary of State Antony Blinken disqualify multiple Israeli military and police units from receiving U.S. aid after reviewing allegations that they committed serious human rights abuses" prior to the October 7 Hamas-led attack on southern Israel.
"But Blinken has failed to act on the proposal in the face of growing international criticism of the Israeli military's conduct in Gaza, according to current and former State Department officials," ProPublica noted.
Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), said in a statement Sunday that senators "should reject sending additional weapons to Israel not only because our laws prohibit military aid to abusive regimes, but because it's extremely damaging to our national interests."
DAWN's advocacy director, Raed Jarrar, added that "at a time when Israel is bracing for International Criminal Court arrest warrants against its leaders, members of Congress should understand that approving more military aid could subject them to personal liability for aiding and abetting an ongoing genocide in Gaza."
"Rather than sending more weapons to Israel," said Jarrar, "Congress should declare an immediate arms embargo on Israel."