The US Senate is voting on a bill to sanction the ICC, raising concerns about international justice and accountability.
The US Senate is set to begin voting on Tuesday on a bill that would impose sanctions on the International Criminal Court (ICC), according to a report by The Washington Post.
The move has reportedly sparked concerns among some prominent European allies who warn it could undermine international law.
“U.S. lawmakers are moving to pass a law that some of Washington’s top European allies fear will ‘cripple’ the world’s preeminent international court, enable war criminals to act with impunity, and degrade the West’s moral authority,” the Washinton Post reported.
The legislation comes in response to arrest warrants issued by the ICC against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant on charges of war crimes and crimes against humanity in Gaza.
The bill, titled the “Illegitimate Court Counteraction Act,” aims to impose sanctions on any entity involved in investigating, arresting, detaining, or prosecuting American citizens or citizens of allied nations that are not members of the ICC, including Israel.
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Introduced by Republican Senator Tom Cotton and co-sponsored by 11 other Republicans, the bill is expected to pass, as it did in the Republican-controlled House earlier this month.
Several pro-Israel Democrats have reportedly expressed support for the measure.
Senator John Fetterman, a Democrat from Pennsylvania, voiced his backing, telling the Washington Post, “I want the stronger version, and I will vote for it. I don’t understand why anyone wouldn’t vote to punish the ICC after the way it treated Israel.”
According to the Post, senior European diplomats have cautioned that such sanctions could weaken the rule of international law, which they say is crucial for maintaining global order and security.
In a private letter, a copy of which was seen by the Post, they wrote that such measures “would undermine the very principle of international justice and accountability, to which the US has been a strong proponent, and strengthen the positions of states that oppose the rule of law.”
The Biden administration and US lawmakers have expressed outrage over the ICC’s actions, accusing the court of overstepping its authority.
Both the United States and Israel are not parties to the Rome Statute, which established the ICC in 2002 to prosecute war crimes, crimes against humanity, genocide, and aggression.
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While the exact details of the proposed sanctions remain unclear, sources cited by Reuters news agency suggested they could have significant financial repercussions for the ICC.
Potential impacts include the closure of field offices, the release of detainees, and the court’s inability to investigate other cases. In preparation, the ICC has reportedly taken measures to safeguard its staff and operations, including paying salaries in advance and securing evidence in anticipation of restricted access to US-based technology providers.
This would not be the first time the ICC has faced punitive actions from the United States. In 2020, the Trump administration sanctioned then-ICC prosecutor Fatou Bensouda over investigations into alleged US war crimes in Afghanistan.
Banks with ties to the United States or conducting transactions in dollars are expected to comply with the sanctions, further limiting the ICC’s ability to carry out financial transactions.
ICC President Tomoko Akane has warned that such measures could jeopardize the court’s ability to operate, threatening its existence.
