The United States Senate has blocked the passage of a bill that sought to impose sanctions on the International Criminal Court (ICC) over its decision to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
The bill, which required 60 votes to advance to a final vote, failed to pass on Tuesday, securing 54 votes in favour and 45 against. While many Democrats opposed the measure, several also criticised the court for what they termed as an unfair targeting of Israel.
The ICC, in May this year, issued warrants for Netanyahu and Gallant, citing alleged war crimes in Gaza, including the use of starvation as a weapon. The court also issued a warrant for Hamas military commander Mohammed Deif, citing his role in the October 7, 2023, attacks on southern Israel.
Concerns over legal order
The proposed US legislation had drawn widespread criticism from international legal experts, European officials, and former ICC administrators. United Nations human rights experts had also warned that such a move would set a dangerous precedent and undermine global efforts to uphold accountability.
Despite voting against the bill, Senate Majority Leader Chuck Schumer said he supported the idea of countering ICC actions against Israel but argued that the legislation was “poorly drafted and deeply problematic.” He urged Republican lawmakers to reconsider its language to avoid potential consequences for US allies and businesses dealing with the court.
Senate Minority Whip John Thune, a Republican, defended the bill, arguing that targeting Israel in such a manner should concern Washington. “While the ICC is targeting Israelis today, it could easily set its sights on Americans,” he warned.
Senator John Fetterman was the only Democrat to vote in favour of the legislation, a stance that earned him praise from the powerful pro-Israel lobby group, the American Israel Public Affairs Committee (AIPAC).
US history with ICC sanctions
The move to sanction the ICC echoes a similar approach taken by former US President Donald Trump, who in 2020 imposed sanctions on ICC officials over concerns that the court was investigating US military actions abroad.
The Biden administration later revoked those sanctions, but Trump reversed Biden’s decision upon taking office last week, though the reimposition remains symbolic for now.
Neither the US nor Israel are signatories to the Rome Statute, which established the ICC. However, the court maintains that it has jurisdiction over alleged crimes committed in Gaza, as Palestine has been a member since 2015.
War crimes allegations
ICC prosecutors have accused Netanyahu and Gallant of committing war crimes and crimes against humanity, including deliberately obstructing humanitarian aid to Gaza. Israeli attacks on civilians and other measures amounting to persecution and murder were also cited.
Israel’s ongoing military operations in Gaza have resulted in over 47,000 Palestinian deaths and displaced nearly the entire population of the besieged enclave. A fragile ceasefire has been in place since January 19.
The ICC had also sought arrest warrants for Hamas leaders Ismail Haniyeh and Yahya Sinwar, but both were killed in Israeli airstrikes before any action could be taken.
Earlier this month, UN experts urged the US Senate to reject the proposed bill, arguing that it would undermine the global legal order and promote a “culture of impunity.”
In an article published on Monday, current and former presidents of the ICC’s management body warned that imposing sanctions on the court could severely 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.
