A recently reintroduced US House bill has prompted concerns that it might hinder international justice efforts, specifically investigations conducted by the International Criminal Court (ICC) concerning Israel, The New Arab reported on January 8th.
The House bill (HR 8282) and its Senate counterpart (S. 224), collectively referred to as the “Illegitimate Court Counteraction Act,” seek to offer protection to individuals accused of war crimes by the ICC, including Israeli Prime Minister Benjamin Netanyahu. In November, the ICC issued war crimes warrants against Israeli officials, which are currently under appeal.
This Republican-led legislation, co-sponsored by 76 Republicans, advocates for sanctions against individuals participating in ICC investigations. If enacted, it would establish an unusual precedent for interfering with international legal processes.
“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 bill states, underscoring the non-membership of both nations.
The bill further argues, “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.”
AIPAC, the American Israel Public Affairs Committee, has issued multiple statements in support of the bill. It emphasised that the US and Israel are not ICC members and claimed that the court’s actions set a dangerous precedent.
The bill was previously introduced in Congress and was passed in June, but it did not advance in the Senate, where Democrat Chuck Schumer served as majority leader. It could still pass if included as part of another legislative package.
“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),” states Govtrack.
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In July, the Biden administration publicly opposed HR 8282, expressing concern about the bill’s implications for ICC activities.
“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,” a statement from the White House said.
With Republicans set to control both chambers of Congress under the incoming administration led by Donald Trump, supporters of the bill have voiced optimism about the prospects of passing the legislation.
According to the Hill, an aide to Republican congressman Brian Mast of Florida, the incoming chair of the House Foreign Affairs Committee, suggested the bill could be put to a vote as early as January 9th.
The Council on American-Islamic Relations (CAIR) has criticised the bill, highlighting its focus on Israel and its targeting of international investigators.
“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,” CAIR-Florida said in a statement.
The statement added, “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?”
The New Arab
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