US: House votes to pass bill to sanction ICC over Israel

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The US House of Representatives on January 9th approved its first major foreign policy bill of the 119th Congressional session, to impose sanctions on officials at the International Criminal Court (ICC) for issuing an arrest warrant against Israeli Prime Minister Benjamin Netanyahu, reports Middle East Eye via Reuters.

Issued in November, the warrant accuses Netanyahu of committing war crimes and crimes against humanity in connection with Israel’s ongoing operations in Gaza. The Biden administration quickly denounced the warrant when it was issued.

The rhetoric in the Biden administration’s earlier criticism is reflected in January 9th’s bill, named the Illegitimate Court Counteraction Act, which could land on President-elect Donald Trump’s desk if it secures Senate approval.

The House passed the bill with a vote of 243-140-1, authorising sanctions against individuals involved in the ICC’s actions to investigate, arrest, or prosecute any “protected person” of the US or allied nations not party to the Rome Statute, which established the ICC.

The bill also highlights the ICC’s arrest warrant which had been issued to Israel’s former defence minister, Yoav Gallant.

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There had been 45 Democrats joining the Republicans in voting for the bill.

The text of the legislation states that the US will enforce “visa- and property-blocking sanctions against the foreign persons that engaged in or materially assisted” investigations or arrests of Americans and their allies. It further requires that “the president must also apply visa-blocking sanctions to the immediate family members of those sanctioned”.

Brian Mast, the newly appointed chair of the House Foreign Affairs Committee, urged for the bill to be prioritised. Following the October 7th 2023 Hamas-led attack on southern Israel, Mast wore his Israeli military uniform on Capitol Hill.

Mast is the only member of Congress publicly known to have served in the Israeli armed forces.

“A kangaroo court is seeking to arrest the prime minister of our great ally, Israel, which is not only responding to an enemy which conducted a genocide,” Mast stated on January 9th, “but an enemy who still holds 100 hostages.”

Earlier in the week, House Speaker Mike Johnson remarked that the legislation is designed to put ICC prosecutor Karim Khan—who initiated the warrants for Netanyahu, Gallant, and three deceased Hamas leaders—“back in his place.”

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John Thune, the Senate’s top Republican, indicated his readiness to advance the bill in the Senate. However, procedural hurdles such as the filibuster may require 60 votes for approval, which could prove challenging.

If passed into law, the bill would go into effect within 60 days.

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The ICC has issued arrest warrants for Netanyahu and Gallant, charging them with “the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts”.

As members of the Rome Statute, the 124 treaty signatories are obligated to detain the two Israelis and deliver them to the ICC.

The court cannot hold trials in absentia and lacks mechanisms to enforce its warrants.

In its statement, the ICC’s Pre-Trial Chamber I, composed of three judges, stated there is credible evidence suggesting Netanyahu and Gallant “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival”

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These items include necessities such as food, water, medicine, medical supplies, fuel, and electricity.

Additionally, the deliberate denial of medical resources, including anaesthesia and anaesthetic equipment, led the ICC to hold Netanyahu and Gallant accountable “for inflicting great suffering by means of inhumane acts on persons in need of treatment,” the statement said.

The statement also explained that compelling medical professionals to perform amputations without anaesthetics and to use unsafe methods for sedation constitutes “the crime against humanity of other inhumane acts.”

The statement further explained that measures “deprived a significant portion of the civilian population in Gaza of their fundamental rights”, such as the rights to life and health. The Palestinian population was also reportedly targeted “based on political and/or national grounds,” according to the statement.

“It therefore found that the crime against humanity of persecution was committed,” the statement concluded.

Middle East Eye via Reuters

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