A US House bill reintroduced earlier this month is raising concerns that it could impede international justice, specifically International Criminal Court (ICC) investigations of Israel.
The House bill (HR 8282), along with a similar Senate bill (S. 224), known collectively as "Illegitimate Court Counteraction Act", would give protection to those accused of war crimes by the International Criminal Court, such as Israeli Prime Minister Benjamin Netanyahu. In November, the ICC issued warrants for Israeli officials for war crimes, which they are now appealing.
This Republican-led legislation (with 76 co-sponsors, all Republicans) supports sanctions on those involved in ICC investigations, something that if passed would set an unusual precedent in interfering with international litigation.
"The United States and Israel are not parties to the Rome Statute or members of the International Criminal Court (ICC), and therefore the ICC has no legitimacy or jurisdiction over the United States or Israel," the reads, pointing out that both the US and Israel are not members of the ICC.
"The ICC’s actions against Israel are illegitimate and baseless, including the preliminary examination and investigation of Israel and applications for arrest warrants against Israeli officials, which create a damaging precedent that threatens the United States, Israel, and all United States partners who have not submitted to the ICC’s jurisdiction," reads the bill's text.
On its website, the American Israel Public Affairs Committee (AIPAC) issued multiple statements on the bill, also pointing to the US and Israel not being part of the ICC and saying that the actions of the ICC set a dangerous precedent.
The bill was introduced in a previous session of Congress and was passed in June, but did not get past the US Senate, with Democrat Chuck Schumer as the majority leader. It could, however, get through as part of another bill.
"It is common for legislative text to be introduced concurrently in multiple bills (called companion bills), re-introduced in subsequent sessions of Congress in new bills, or added to larger bills (sometimes called omnibus bills)," .
In a released in July, Joe Biden's administration said that it "strongly opposes HR 8282" that would impose sanctions on those involved with the ICC.
"This legislation could require sanctions against court staff, judges, witnesses, and US allies and partners who provide even limited, targeted support to the court in a range of aspects of its work," reads the White House statement.
Now, with the incoming Republican administration, led by Donald Trump, along with the party set to hold majorities in both chambers of Congress, sponsors of the bill have expressed optimism that they can get the legislation passed.
According to the Hill, an aide to Republican congressman Brian Mast of Florida, the new chair of the House Foreign Affairs Committee, the bill could get a vote as soon as Thursday.
The Council on American Islamic Relations have issued a statement condemning the bill for its targeting of international investigators, noting its focus on Israel.
"Congressional support for the International Criminal Court is eternally in flux, depending on whom the alleged war criminal is. Congress has shown they cannot be trusted to uphold universal human rights and apply the law equally across nation states," reads CAIR-Florida's .
It continues, "Now elected officials are attempting to punish international investigators for doing their jobs. The congressional members who sponsored this bill routinely cite the need for law and order, and honour police. So where is that respect for law and justice when it pertains to Israel?"