The Republican-led US House of Representatives has passed a bill to impose sanctions on the International Criminal Court (ICC) following its prosecutor’s decision to issue arrest warrants for Israeli officials linked to the war in Gaza. The vote ended with 247 in favor and 155 against, with 42 Democrats joining Republicans. No Republican members voted against the bill, although two opted to vote “present.” The bill, which is unlikely to become law, underscores the strong support for Israel within the US Congress amidst widespread international criticism of Israel’s actions in the Gaza Strip. Last month, the White House also criticized the ICC’s decision to seek warrants. The bill would impose sanctions on individuals involved in ICC prosecutions of Americans or citizens of US allies that are not ICC members, including Israel. This includes blocking such ICC officials’ entry into the United States, revoking any US visas, and restricting their ability to engage in property transactions in the US.
Last month, ICC prosecutor Karim Khan stated that after more than seven months of war in Gaza, he had reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu, his defense chief, and three Hamas leaders “bear criminal responsibility” for alleged war crimes and crimes against humanity. Netanyahu responded by calling the ICC prosecutor’s decision absurd and a targeted move against all of Israel. In October, Israel launched an air and ground offensive in Gaza, aiming to destroy Hamas following a militant attack on southern Israel on October 7, which resulted in approximately 1,200 deaths and over 250 hostages, as per Israeli counts. Currently, about 120 hostages remain in Gaza.
The Israeli military campaign has caused the deaths of more than 36,000 people in Gaza, according to health authorities in the region, who also report that thousands more bodies remain buried under the rubble.
The ICC’s involvement has sparked controversy, with critics arguing that the court’s actions are politically motivated and undermine Israel’s sovereignty. Proponents of the ICC’s actions contend that accountability for war crimes is essential for justice and international law.
The House bill reflects a broader trend of U.S. legislative support for Israel, often aligning with the country’s security concerns and geopolitical interests. However, it also highlights the contentious relationship between the US and the ICC, which has faced criticism from various US administrations over its jurisdiction and decisions. The Senate, controlled by Democrats, is not expected to bring the bill to a vote, suggesting that the legislation will stall. Nevertheless, the passage of the bill in the House serves as a symbolic gesture of solidarity with Israel and a rebuke of the ICC’s actions.
In recent years, the US has taken a hardline stance against international bodies perceived to challenge its allies or its own policies. The Trump administration, for example, imposed sanctions on ICC officials in 2020 over investigations into U.S. military actions in Afghanistan. These sanctions were later lifted by the Biden administration, but the underlying tensions between the US and the ICC persist. The ICC’s mandate is to prosecute individuals for genocide, crimes against humanity, and war crimes when national courts are unwilling or unable to do so. Israel is not a member of the ICC, and its leaders argue that the court has no jurisdiction over its actions. The ICC, however, asserts that it has the authority to investigate alleged crimes in Palestinian territories, including Gaza.
The conflict in Gaza remains a deeply divisive issue, with international opinion sharply divided over the actions of both Israel and Hamas. The UShas historically been a strong supporter of Israel, providing military aid and diplomatic backing in various international forums.
As the situation in Gaza continues to evolve, the role of international institutions like the ICC in seeking accountability and justice will remain a point of contention. The US House’s recent vote is a clear indication of where American legislative support lies, even as the broader international community grapples with the complexities of the conflict.
The debate over the ICC’s role and the appropriate response to alleged war crimes in Gaza highlights the challenges of navigating international law and politics in a highly polarized and volatile region. As both sides continue to accuse each other of atrocities, the path to peace and justice remains fraught with obstacles.