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US Senate To Vote On Sanctions Against ICC Over Israel War Crimes Warrants

Above Photo: ICC Prosecutor Karim Khan. Palestine Chronicle.

The US Senate is voting on a bill to sanction the ICC.

Raising concerns about international justice and accountability.

NOTE: The Hill reports:

Senate Democrats on Tuesday blocked Republicans from advancing legislation to sanction the International Criminal Court, arguing the bill had sweeping consequences on allies and American businesses.

Republicans failed to get the 60 votes needed to move the bill forward, with the final tally 54 to 45. Senate Democrats had sought to negotiate a bipartisan compromise on the bill to shield America’s allies and U.S. companies contracting with the court from getting swept up in sanctions, which are aimed at punishing the ICC’s pursuit of war crimes cases against Israel.

“The ICC bill is one I largely support and would like to see become law,” Senate Minority Leader Chuck Schumer (D-N.Y.), said on the Senate floor ahead of the vote.

“However, as much as I oppose the ICC bias against Israel, as much as I want to see that institution drastically reformed and reshaped, the bill before us is poorly drafted and deeply problematic.”

The US Senate is set to begin voting on Tuesday on a bill that would impose sanctions on the International Criminal Court (ICC), according to a report by The Washington Post.

The move has reportedly sparked concerns among some prominent European allies who warn it could undermine international law.

“U.S. lawmakers are moving to pass a law that some of Washington’s top European allies fear will ‘cripple’ the world’s preeminent international court, enable war criminals to act with impunity, and degrade the West’s moral authority,” the Washington Post reported.

The legislation comes in response to arrest warrants issued by the ICC against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant on charges of war crimes and crimes against humanity in Gaza.

The bill, titled the “Illegitimate Court Counteraction Act,” aims to impose sanctions on any entity involved in investigating, arresting, detaining, or prosecuting American citizens or citizens of allied nations that are not members of the ICC, including Israel.

Introduced by Republican Senator Tom Cotton and co-sponsored by 11 other Republicans, the bill is expected to pass, as it did in the Republican-controlled House earlier this month.

Several pro-Israel Democrats have reportedly expressed support for the measure.

Senator John Fetterman, a Democrat from Pennsylvania, voiced his backing, telling the Washington Post, “I want the stronger version, and I will vote for it. I don’t understand why anyone wouldn’t vote to punish the ICC after the way it treated Israel.”

According to the Post, senior European diplomats have cautioned that such sanctions could weaken the rule of international law, which they say is crucial for maintaining global order and security.

In a private letter, a copy of which was seen by the Post, they wrote that such measures “would undermine the very principle of international justice and accountability, to which the US has been a strong proponent, and strengthen the positions of states that oppose the rule of law.”

The Biden administration and US lawmakers have expressed outrage over the ICC’s actions, accusing the court of overstepping its authority.

Both the United States and Israel are not parties to the Rome Statute, which established the ICC in 2002 to prosecute war crimes, crimes against humanity, genocide, and aggression.

While the exact details of the proposed sanctions remain unclear, sources cited by Reuters news agency suggested they could have significant financial repercussions for the ICC.

Potential impacts include the closure of field offices, the release of detainees, and the court’s inability to investigate other cases. In preparation, the ICC has reportedly taken measures to safeguard its staff and operations, including paying salaries in advance and securing evidence in anticipation of restricted access to US-based technology providers.

This would not be the first time the ICC has faced punitive actions from the United States. In 2020, the Trump administration sanctioned then-ICC prosecutor Fatou Bensouda over investigations into alleged US war crimes in Afghanistan.

Banks with ties to the United States or conducting transactions in dollars are expected to comply with the sanctions, further limiting the ICC’s ability to carry out financial transactions.

ICC President Tomoko Akane has warned that such measures could jeopardize the court’s ability to operate, threatening its existence.

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Due to the attacks on our fiscal sponsor, we were unable to raise funds online for nearly two years.  As the bills pile up, your help is needed now to cover the monthly costs of operating Popular Resistance.