House Foreign Affairs chair moving ICC sanctions bill amid Israeli arrest warrants

Rep. Brian Mast (R-Fla.), the new chair of the House Foreign Affairs Committee, is planning to move legislation this week to sanction the International Criminal Court (ICC) after it issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu last year.

A GOP congressional aide said the Illegitimate Court Counteraction Act could get a vote on the House floor as soon as Thursday.

The aide said the bill has support "spanning the entire GOP conference" and that it was also bipartisan, with a similar measure getting the support of around 40 Democrats last year. Last year's bill did not pass Congress because then-Senate Majority Leader Chuck Schumer (D-N.Y.) did not move on it.

"With a new Congress, we're bringing it up early to send a strong message that the America Last foreign policy of the Biden era is over," the congressional aide said. "This is just an opening act."

The Hill reached out to Speaker Mike Johnson's (R-La.) office for comment on whether the bill would move this week, and to the office of Senate Majority Leader John Thune (R-S.D.) for comment on whether the Senate plans to pick up the legislation.

The bill, which would take effect 60 days after enactment, would sanction any individual working to investigate, arrest, detain or prosecute American citizens or an official from an allied U.S. country, including Israel.

The legislation covers the 32-member Western security alliance NATO and the 19 major non-NATO countries, which include Israel, Japan, Taiwan, Australia, South Korea, the Philippines and Egypt.

It would also rescind any funds the U.S. has designated for the ICC and prohibit any future money for the court.

Mast said in a statement that the legislation "sends a clear message to the International Criminal Court."

"We may not recognize you, but you sure as hell will recognize what happens when you target America or its allies,” said Mast. “The ICC’s attempt to obstruct Israel's right to defend itself has only prolonged the war and prevented the release of American hostages by boosting Hamas’ morale.”

The bill was introduced by Mast and Rep. Chip Roy (R-Texas), and it has 17 other Republican co-sponsors.

Roy said the ICC "is an illegitimate body that has no business interfering with our sovereignty or that of our allies."

"Now it is engaged in a shameful lawfare campaign against Prime Minister Netanyahu for doing his duty to protect his fellow citizens from Hamas in the wake of the barbaric October 7th attacks," Roy said in a statement.

Roy said the bill was not only about Israel but also about protecting American troops from "political attacks" from the ICC as President-elect Trump prepares to take office on Jan. 20.

"While I have full confidence that President Trump will stand for Israel with the strength and moral clarity that Biden has sorely lacked, this bill will ensure that no future administration after him will be able to give the ICC a free pass to attack our allies like this," he added.

Republicans will hold the House, Senate and White House by the end of the month.

Still, many Democrats are likely to object to the measure, especially more progressive lawmakers who have raised concerns about Israel's devastating war against the Palestinian militant group Hamas in Gaza, where more than 46,000 people have died. The war began when Hamas invaded Israel on Oct. 7, 2023, killing some 1,200 people and taking around 250 hostages, about 100 of whom are still in Gaza.

The ICC, an independent court formed in 2002, issued arrest warrants in November after prosecutors sought the warrants last spring. The warrants are for Netanyahu, former Israeli Defense Minister Yoav Gallant and Mohammed Deif, a key Hamas commander who Israel has claimed to have killed.

Both the U.S. and Israel do not recognize the ICC, but the state of Palestine does, which the court says gives it jurisdiction. The Biden administration, Republicans and many Democrats have argued the ICC has no jurisdiction.

Still, Washington has generally supported the ICC arrest warrant for Russian President Vladimir Putin related to his deporting children for the war in Ukraine.

The arrest warrants complicate travel for Netanyahu, who cannot go to a country that is a member of the ICC without risk of arrest.