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UN Experts Urge US Senate to Reject ICC Sanctions Bill Passed by House
"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."
Jan 11, 2025
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."
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45 House Dems Help GOP Pass ICC Sanctions Bill to 'Protect Genocidal Maniac'
"As fires rage across Los Angeles, the priority of American officials is to sanction the ICC," said one critic.
Jan 09, 2025
Forty-five congressional Democrats on Thursday voted with the U.S. House of Representatives' Republican majority in favor of legislation to sanction International Criminal Court officials following the tribunal's issuance of arrest warrants for Israel's prime minister and his former defense chief for alleged crimes against humanity in Gaza.
House lawmakers voted 243-140 in favor of H.R. 23, the Illegitimate Court Counteraction Act. Introduced by Reps. Chip Roy (R-Texas) and Brian Mast (R-Fla.), the bill 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."
In November, the ICC issued warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and Yoav Gallant, his former defense minister, "for crimes against humanity and war crimes" in Gaza. According to Gaza officials, Israel's 15-month assault and "complete siege" of the embattled coastal enclave have left more than 165,000 Palestinians dead, wounded, or missing, and over 2 million others forcibly displaced, starved, or sickened.
The ICC also ordered the arrest of Hamas leader Mohammed Diab Ibrahim Al-Masri for crimes against humanity and war crimes allegedly committed during the October 7, 2023 attack on Israel and subsequent kidnapping and imprisonment of more than 250 people.
Rep. Ritchie Torres (D-N.Y.)—who according to AIPAC Tracker is the top congressional recipient of campaign contributions from pro-Israel lobbyists including the American Israel Public Affairs Committee—said on social media ahead of Thursday's vote that "the ICC's decision to issue arrest warrants against the leadership of Israel represents the weaponization of international law at its most egregious."
Mast, the new chair of the House Foreign Affairs Committee, accused the ICC of "legitimizing the false accusations of Israeli war crimes... in order to stop the overwhelming success of Israeli military operations."
However, Congresswoman Ilhan Omar (D-Minn.), one of 140 Democrats who voted against the bill, said on social media that "human rights lawyers and others documenting the worst atrocities committed on this planet are heroes who should be celebrated—not punished when the war criminals they pursue are allies of the United States."
"The way this bill is written, Israeli survivors of the Hamas massacres on October 7th who gave testimony about the crimes they endured could be sanctioned for cooperating with the ICC," she continued. "This bill would also be a significant blow to efforts to secure justice for [Russian President Vladimir] Putin's victims in Ukraine, and for the victims of both genocides in Darfur,
including the one that is ongoing."
"However my colleagues feel about the ICC or how they feel about Netanyahu's atrocities in Gaza, the passage of this bill is a profound mistake," Omar added. "For those reasons, I opposed this bill."
Amnesty International USA called the vote "deeply disappointing."
"The ICC is part of a global system of international justice of which the U.S. was a chief architect at Nuremberg and beyond," added Amnesty—whose main international organization recently accused Israel of genocide and suspended its Israeli branch for alleged anti-Palestinian bigotry. "If the Senate follows suit, it will do grave harm to the interests of all victims globally and to the U.S. government's ability to champion human rights and the cause of justice."
The United States—which supports Israel with tens of billions of dollars in armed aid and diplomatic cover—reportedly worked with Israel to thwart the ICC's effort to arrest Israeli leaders. The U.S. also opposes the South African-led genocide case against Israel currently before the International Court of Justice.
Outgoing U.S. President Joe Biden has condemned the ICC's effort to arrest Netanyahu and Gallant—who despite being a fugitive from justice was warmly welcomed at the White House last month.
During his first term, Republican U.S. President-elect Donald Trump sanctioned top ICC officials and banned them from entering the United States.
Rep. Mike Waltz (R-Fla.), Trump's pick for national security adviser, has threatened a "strong response" to the ICC in retaliation for seeking to arrest the Israeli leaders.
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80+ Groups Urge Congress, Trump to Reconsider Sanctions on ICC
"It would be a terrible irony if a tool designed to penalize gross violators of human rights could instead contribute to their continued impunity."
Jan 06, 2025
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."
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