U.S. House of Representatives on Tuesday passed a bill to penalize the International Criminal Court for seeking arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.
The vote was 247-155, with all 205 Republicans eligible to vote supporting the bill along with 42 Democrats. The vote represented the first congressional rebuke of the war crimes tribunal since last month’s surprise decision to seek arrest warrants for Israeli and Hamas leaders.
The move was widely condemned in Washington and marked a rare moment of unity for Israel amid deepening partisan divisions over the war sparked by the October 7 Hamas attack.
The White House on U.S. House Decision
The White House opposes sanctions and the bill is likely to stall in the Senate, but 42 pro-Israel Democrats in the House of Representatives broke with their party and voted in favor.
House Republicans initially expressed a desire to work with Democrats to craft a bipartisan bill, but talks fell apart after the White House opposed sanctions.
The White House and senators discussed alternatives to sanctions, Axios previously reported. The bill, introduced by Rep. Chip Roy (R-Texas) and co-sponsored by more than 60 Republicans, passed in a vote of 247 to 155.
Two Republicans voted “present.”
The nine-page bill would impose sanctions on anyone involved in ICC investigations or the prosecution of Americans or nationals of U.S.-allied countries that are not ICC members, such as Israel.
The House bill would impose broad economic sanctions and visa restrictions on individuals and judges attached to the ICC, as well as their families. Despite strong support in the House, the bill is expected to face tougher odds in the Democratic-led Senate.
Statements on ICC Actions
The ICC’s actions have been condemned by both political parties. President Joe Biden specifically condemned the ICC’s request for arrest warrants against Israeli leaders, saying “there is no equal relationship between Israel and Hamas.”
Sanctions against the court were originally intended as a bipartisan measure, spokesman Mike Johnson said several weeks ago.
The White House said Monday that it was “deeply concerned” about the ICC’s actions, but that the Biden administration was “strongly opposed” to the bill.
“There are more effective ways to defend Israel, uphold U.S. positions before the ICC, and promote international justice and accountability, and the Administration stands ready to work with Congress on these options,” the White House said, without including a veto threat.
The ICC and the UN’s highest court, the International Court of Justice, have opened investigations into allegations that Israeli and Hamas forces committed genocide during the seven-month war.
Last month, ICC prosecutor Karim Khan indicted Prime Minister Netanyahu, Defense Minister Yoav Galant, and three Hamas leaders, Yahya Sinwar, Mohammed Deif, and Ismail Haniyah, for war crimes and crimes against humanity in Gaza and Israel.
Criticism on the U.S. House Decision
Prime Minister Netanyahu and other Israeli leaders have condemned the ICC’s actions as scandalous and anti-Semitic. President Joe Biden and members of Congress have also harshly criticized the accusers and supported Israel’s right to self-defense.
Because Israel is not a member of the court, Prime Minister Netanyahu and Mr. Galant are not at risk of imminent prosecution even if arrest warrants are issued.
But the threat of arrest could make it more difficult for Israeli politicians to travel abroad.
Reactions in U.S. House Parliament
Prime Minister Netanyahu and other Israeli politicians have denounced the ICC’s move as scandalous and anti-Semitic.
President Joe Biden and members of Congress have also harshly criticized the accusers and supported Israel’s right to self-defense. Because Israel is not a member of the court, Prime Minister Netanyahu and Mr. Gallant are not at risk of imminent prosecution even if arrest warrants are issued. But the threat of arrest could make it more difficult for Israeli politicians to travel abroad.
“If we fail to act here in Congress, we will be complicit in the ICC’s unlawful actions, and we cannot remain silent,” McCaul said.
“We must stand with our allies.”
The move was widely condemned in Washington, bringing a rare moment of unity to Israel amid deepening partisan divisions over the war with Hamas.
The bill had been expected to pass the House on Tuesday but, despite a wave of anger over the court’s decision, it had only modest support among Democrats, undermining its chances in the Senate.
Republican and Democratic leaders of the House Foreign Affairs Committee acknowledged that the bill was unlikely to pass but left the door open to further negotiations with the White House.
