The US Senate has blocked a controversial bill that sought to impose sanctions on the International Criminal Court (ICC) following its issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. The bill, which passed in the Republican-controlled House of Representatives, failed to secure the necessary 60 votes to advance to a final vote in the Senate. This legislative development highlights the ongoing tensions surrounding international judicial actions and the complex geopolitics involving Israel and Palestine.
The ICC's actions stem from its investigations into alleged war crimes in Gaza, including the deaths of 47,354 Palestinians and the displacement of nearly the entire population of the enclave. Since joining the ICC in 2015, the State of Palestine has facilitated these investigations. Despite Israel's non-membership in the Rome Statute, which established the ICC, the court maintains that its jurisdiction applies due to the location of alleged crimes in Palestinian territories. The ICC has consistently denied any bias in its proceedings.
“While challenges remain, we are committed to the ICC’s vision of justice and its mandate to ensure that no one is above the law, regardless of power.”
“Efforts to undermine the ICC are attacks on the principle that law protects the weak against the powerful.”
— Current and former presidents of the Assembly of States Parties of the International Criminal Court
The United States is also not a party to the Rome Statute. Historically, it has expressed skepticism toward ICC actions, particularly when they involve its allies or its own military operations abroad. This skepticism was evident when sanctions were imposed on ICC officials over probes into US military activities, a decision later revoked by former President Joe Biden but reinstated by President Donald Trump.
The opposition to the bill within the Senate was largely partisan, with many Democrats criticizing what they perceived as unfair targeting of Israel by the ICC. Senator John Fetterman stood as the sole Democrat supporting the legislation, a stance praised by the American Israel Public Affairs Committee (AIPAC).
“While the ICC is targeting Israelis today, it could easily set its sights on Americans.”
— John Thune
Senate Majority Leader Chuck Schumer acknowledged his shared concerns about ICC actions but criticized the bill's drafting.
“one I largely support and would like to see become law”
“However, as much as I oppose the ICC bias against Israel, as much as I want to see that institution drastically reformed and reshaped, the bill before us is poorly drafted and deeply problematic.”
— Chuck Schumer
The debate over this bill underscores broader international apprehensions about accountability and judicial independence. UN experts criticized attempts to hinder the ICC's work, viewing them as inconsistent with principles of justice.
“It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability.”
— UN experts
Meanwhile, the ICC continues its parallel investigations into alleged abuses by Russian officials in Ukraine, reinforcing its role as a global judicial body despite political pushback.
