The U.S. Senate has rejected a bill that sought to impose sanctions on the International Criminal Court (ICC) for issuing arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
On Tuesday, the bill failed to secure the required 60 votes, receiving only 54 in favor and 45 against. While many Democrats opposed the measure, some also criticized the ICC for what they saw as an unfair focus on Israel.
ICC’s Actions and War Crimes Allegations
In May, the ICC issued arrest warrants for Netanyahu and Gallant, citing war crimes in Gaza, including the use of starvation as a weapon. The court also issued a warrant for Hamas military commander Mohammed Deif over his role in the October 7, 2023, attacks on southern Israel.
Concerns Over Legal Order
The proposed U.S. legislation faced strong criticism from international legal experts, European officials, and UN human rights experts, who warned that it could undermine global accountability efforts.
Senate Majority Leader Chuck Schumer voted against the bill but expressed opposition to the ICC’s actions against Israel. He argued that the bill was “poorly drafted” and could have unintended consequences for U.S. allies and businesses linked to the ICC.
Senate Minority Whip John Thune, a Republican, defended the bill, warning that the ICC’s actions against Israel could later target the U.S. “While the ICC is targeting Israelis today, it could easily set its sights on Americans,” he stated.
U.S. History with ICC Sanctions
This is not the first time the U.S. has taken a hard stance against the ICC. In 2020, former President Donald Trump imposed sanctions on ICC officials over investigations into U.S. military actions abroad.
The Biden administration later revoked these sanctions, but Trump reinstated them upon taking office last week, though the move remains largely symbolic for now.
Israeli Military Actions and War Crimes Accusations
Netanyahu and Gallant have been accused of obstructing humanitarian aid to Gaza, with the ICC citing civilian casualties and other measures amounting to persecution and murder.
Israel’s military operations in Gaza have resulted in over 47,000 Palestinian deaths and displaced nearly the entire population of the enclave. A fragile ceasefire has been in place since January 19.
Global Response
Earlier this month, UN experts urged the U.S. Senate to reject the bill, warning that it would weaken international law and promote a “culture of impunity.”
In an article published on Monday, current and former ICC officials warned that U.S. sanctions on the court could disrupt over 20 ongoing investigations worldwide.
“Efforts to undermine the ICC are attacks on the principle that law protects the weak against the powerful,” the article stated.
