According to the Saudi Gazette, the US House of Representatives has voted to pass
legislation that would sanction the International Criminal Court (ICC) after
its prosecutor applied for arrest warrants against Israeli officials. The bill
passed in the House, it is not expected to become law.
The move comes after The Hague-based court's prosecutor said
Israeli Prime Minister Benjamin Netanyahu and Israeli Defence Minister Yoav
Gallant should be arrested on charges relating to the war in Gaza.
The prosecutor is also seeking warrants for three leaders of
Hamas.
The bill, proposed by pro-Israel Republicans, targets ICC
officials involved in the case by blocking their entry to the United States.
On Tuesday, it passed with a majority of Republican support
by a vote of 247-155. Two Republicans voted present and 42 pro-Israel Democrats
crossed the aisle to back the legislation.
The legislation will likely be ignored by Democrats who
control the US Senate, where it would have to pass before it could be signed
into law by the president.
President
Joe Biden has also indicated that he strongly opposes the bill and the
administration has said it does not support the sanctions.
If it did become law, however, the legislation would also revoke
any US visas held by ICC officials and restrict them from making property
transactions in the US.
Some Senate Democrats, like John Fetterman of Pennsylvania,
an outspoken supporter of Israel, have indicated they would support legislation
sanctioning the court.
“I really would like to sanction the ICC for that. That was
trash,” Fetterman said of the arrest warrants.
Congressman
Chip Roy, a Texas Republican who introduced the legislation in the House,
titled the Illegitimate Court Counteraction Act, has called the ICC “a massive
threat to US sovereignty”.
The
Democrats who opposed the measure largely support Israel, but have criticized
Netanyahu's conservative government. Some Democratic opponents said it risked
forcing the US to sanction ally nations that support the ICC.
When the measure cleared the House Rules Committee on
Monday, Jim McGovern, a Massachusetts Democrat, said, “This bill makes a
mockery of the rules-based international order that America helped build.”
The bill's passage comes shortly after Netanyahu was invited
by US lawmakers to deliver a speech to Congress this summer, although the date
of his speech has not been finalized.
Last month, ICC chief prosecutor Karim Khan said he had
"reasonable grounds" to believe that Netanyahu and Gallant, as well
as Hamas’s Gaza leader Yahya Sinwar, military chief Mohammed Deif and political
leader Ismail Haniyeh, bore "criminal responsibility" for alleged war
crimes and crimes against humanity during the war in Gaza.
It marked the first time the ICC has targeted the top leader
of a close US ally.
"The ICC has to be punished for this action,"
Republican Speaker of the House Mike Johnson said on Tuesday. "We cannot
allow this to stand."
"If
the ICC was allowed to do this and go after the leaders of countries whose
actions they disagree with, why would they not come after America?"
Israel’s government and Hamas reacted with outrage to Khan's
announcement last month.
Netanyahu denounced the warrant applications against him and
Gallant as a “moral outrage of historic proportions”.
Gallant
accused the prosecutor of drawing a “despicable” parallel between Israel and
Hamas and attempting to deny his country’s right to self-defense.
Hamas — which is proscribed as a terrorist organization by
Israel, the US and other countries — demanded the cancellation of the warrant
applications for its leaders and denounced what it called Khan's attempts “to
equate the victim with the executioner".
If the ICC’s judges decide
to issue the arrest warrants, it will be up to its 124 member states —
including the UK and many other US allies — to decide whether or not to enforce
them.
The White House said in a statement on Monday that while the
ICC prosecutor’s warrant applications for Israeli leaders were
"outrageous", it did not support sanctioning the ICC.
"There are more effective ways to defend Israel,
preserve US positions on the ICC, and promote international justice and
accountability, and the administration stands ready to work with the Congress
on those options,” it said.
Created by a UN treaty in 2002, the ICC investigates and
brings to justice those responsible for genocide, crimes against humanity and
war crimes, intervening when national authorities cannot or will not prosecute.
The US — like Israel — is not a member of the ICC and does
not recognize its jurisdiction, but has backed its previous prosecutions and
arrest warrants not related to Israel and the Palestinians.
In 2020 under the Trump administration, the US imposed
sanctions on top ICC officials, including Khan’s predecessor, after the court
began investigating alleged war crimes committed by the US and others in the
Afghan conflict.