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News

HOUSE VOTES TO PUNISH INTERNATIONAL CRIMINAL COURT

by Mike Lillis and Mychael Schnell - 06/04/24 4:44 PM ET

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charges against Israeli leaders
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House votes to punish International Criminal Court
RISING: Dems jockey for top spots on House committees
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The Hill's Headlines — December 13, 2024
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The House on Tuesday approved legislation aimed at penalizing the International
Criminal Court (ICC) as it weighs whether to bring war crimes charges against
Israeli leaders for their conduct in the war with Hamas.

The tally was 247-155, with every Republican voting in favor of the proposal.
They were joined by 42 pro-Israel Democrats with a history of backing Tel Aviv
even when doing so bucks their own leadership.

Leaders in both parties — including President Biden — have roundly condemned the
ICC’s suggestion that Israeli Prime Minister Benjamin Netanyahu and his defense
minister have committed crimes against humanity in Gaza following Hamas’s Oct. 7
terrorist attacks. But Biden had opposed the sanctions central to the Republican
legislation, causing an overwhelming majority of Democrats to follow suit when
the bill hit the floor.

Without broad Democratic support, the legislation has no chance of moving
through the Senate and onto Biden’s desk.

Still, supporters in both parties were furious with the ICC’s insinuation that
the leaders of Israel, a close democratic ally, and Hamas, a terrorist group,
had committed equivalent crimes. They said passing the bill, even if only
through the House, would send an important message to the world that Washington
stands firmly behind Israel’s right to self-defense.

“The idea that they would issue an arrest warrant for the prime minister of
Israel, defense minister of Israel at the time where they’re fighting for their
nation’s very existence against the evil of Hamas as a proxy of Iran is
unconscionable to us,” Speaker Mike Johnson (R-La.) said Tuesday. “And as I said
a couple of weeks ago, the ICC has to be punished for this action.”

The bill’s Democratic opponents had different ideas. Virtually all of them
support Israel and its right to a strong defense in a hostile region. But
they’re also sharp critics of the conservative Netanyahu and his far-right
coalition government, which has rebuffed Biden’s calls for a cease-fire, ignored
the administration’s red-line warnings about invading Rafah, and opposes the
two-state solution championed by the White House.

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Additionally, Israel’s military operations have killed more than 35,000
Palestinians in Gaza since Oct. 7, leading to accusations that Netanyahu has
done far too little to limit civilian casualties — the same charge that led the
ICC’s top prosecutor to recommend war crimes allegations against the Israelis.

“I stand in opposition of this resolution because we need the ICC. In the last
241 days, thousands, thousands have been victims of unimaginable atrocities, and
Netanyahu’s violations of international law have threatened the peace of the
world,” Rep. Delia Ramirez (D-Ill.) said on the House floor Tuesday. “I’m
determined to put an end to impunity for the perpetrators of these crimes.”

The bill, sponsored by Rep. Chip Roy (R-Texas), would impose travel and
financial sanctions on ICC officials. It includes a provision that gives the
president the unilateral authority to end the sanctions if the ICC stops
engaging in efforts to investigate or arrest U.S. individuals or its allies, or
if the court has permanently ended any investigation into protected individuals.

The bill is largely symbolic. The United States does not recognize the ICC, and
does not consider Americans to fall under its jurisdiction. But some Democrats
said they opposed the GOP bill because it posed a risk of sanctioning some U.S.
allies who have ratified the ICC’s charter.

“It would sanction the leaders of some of our strongest allies: the U.K., Italy,
Germany, Japan. That’s dangerous stuff,” said Rep. Gregory Meeks (N.Y.), senior
Democrat on the House Foreign Affairs Committee. “It could sanction some
American companies who might supply software and technology to [the court]. It’s
so broad that it becomes very dangerous for us.”

Republican leadership staged a vote on the legislation — which only has GOP
co-sponsors — after bipartisan talks over a sanctions bill fell apart. Rep.
Michael McCaul (R-Texas), the chair of the Foreign Affairs Committee, had been
talking to Democratic counterparts in the House and Senate about legislative
ways to penalize the ICC.

McCaul said he wanted the final product to be bipartisan and have a strong
chance of becoming law, emphasizing the importance of showing deterrence to the
ICC judges as they weigh whether to grant the requested arrest warrants.

Late last week, however, the White House announced that the administration
opposed sanctions — despite its criticism of the ICC’s move — a stance that
Johnson said gutted hopes for a bipartisan product.

“I worked on it all weekend. I worked on it up until Sunday, late Sunday, in an
effort to make it bipartisan. And I think that members of the House and Senate
were interested in doing so,” Johnson said Tuesday.

“But the White House gave the red light and said that they would not support
sanctions, which was unconscionable to us. And I think that’s why it sort of
broke down,” he added. “But we had to move, we couldn’t wait any longer, we need
to send this message.”

The push to sanction the ICC comes after the court’s top prosecutor, Karim Khan,
a British human rights attorney, recommended charges against several Hamas
leaders for their role in the Oct. 7 massacre, and against Netanyahu and his
defense minister for their response to those attacks. Among the charges against
the Israeli leaders: using starvation as a weapon of war and intentionally
targeting civilians.

ICC judges will now decide whether to grant the requested warrants.

The push to sanction the ICC emerged as the latest flashpoint in the
long-running tensions in the Democratic Party over Israel, with staunchly
pro-Israel Democrats at odds with pro-Palestinian liberals who are outraged at
the rising number of humanitarian deaths in the Gaza Strip.

Those disagreements have become more pronounced since Hamas’s Oct. 7 attack on
Israel, and are expected to grow more inflamed in the coming weeks, as
congressional leaders plan to host Netanyahu in the Capitol to deliver an
address.

The top four Congressional leaders on Friday officially invited Netanyahu to
deliver an address to a joint meeting of Congress, an opportunity he accepted
over the weekend. It remains unclear when the speech will take place.

Tags Benjamin Netanyahu Delia Ramirez Joe Biden Michael McCaul Mike Johnson

--------------------------------------------------------------------------------

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be
published, broadcast, rewritten, or redistributed.

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