H.R.23 - Illegitimate Court Counteraction Act
H.R. 23 was introduced on 3 January 2025 by Chip Roy (R-TX), passed the House on 9 January. The Bill failed cloture in the Senate and is pending with Foreign Relations Committee.
Related legislation: H.Res. 5, Adopting the Rules of the House of Representatives for the One Hundred Nineteenth Congress, and for other purposes.
Bill Summary: Whenever the International Criminal Court (ICC) is "engaging in any attempt to investigate, arrest, detain, or prosecute" any US person or citizen of a NATO or Major Non-NATO Ally that is not a party to the ICC or has not consented to its jurisdiction, H.R. 23 would require the President to apply sanctions against the ICC and any person who has “materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of” that effort. This definition could include persons who have provided any form of evidence to the ICC in support of such investigations or prosecutions. The sanctions include blocking sanctions under the International Emergency Economic Powers Act (IEEPA) and visa sanctions/revocations. The Bill includes a National Security Waiver that must be accompanied by a detailed explanation and renewed every 90 days
Context: The Bill’s sponsor has made it clear that the intent of this Bill is to prevent the further prosecution of Israeli officials including currently-indicted Prime Minister Netanyahu and former Defense Minister Gantz. If enacted, the Bill would likely require the sanctioning of not only the ICC and its judiciary, but also of a wide range of persons and organizations who have provided the ICC with information concerning potential Israeli violations of international humanitarian law, as well as any contractors to the ICC, such as the ICC’s contracted air carrier, KLM.
American Values Analysis: This Bill undermines the international rules based order and demonstrates an aversion to accountability for war crimes and other violations of IHL. While it has long been U.S. policy that U.S. persons shall not be subject to ICC jurisdiction, it is important to note that the ICC is a court of last resort, meaning that in the event of charges against a U.S. person, a credible U.S. Government investigation of the basis of such charges would render ICC action moot. The ICC is pursuing indictments of Israeli officials because Israel has not pursued any such investigation of Israeli officials in the context of Gaza. A New Policy assesses that this Bill does not reflect American values.
American Interest Analysis: This Bill would cause the U.S. to sanction a major international institution to which the majority of world nations are a party, and in doing so would catastrophically weaken the ability of the ICC to pursue accountability for Russian war crimes in Ukraine, for crimes against humanity by the military junta in Burma, and on other matters pending before the court in which the United States has an interest in seeing justice done. Beyond the question of ICC capacity, the court’s inability to pursue certain indictments or investigations would also create the perception of a politicization of the court, undermining its global credibility and the credibility of all of its actions.
The Bill would also have significant economic consequences, by potentially leading to the suspension of KLM operations in the U.S. as well as blocking sanctions against European internet and phone providers who contract to the ICC.
This Bill would set America up as the opponent of the cornerstone of the international legal accountability mechanisms, and have long-lasting consequences both for international legal accountability and for America’s global reputation. A New Policy assesses that this Bill does not reflect American interests.
A New Policy’s Recommendation: Oppose
A New Policy opposes H.R. 23 because it undermines legal accountability for those involved in potential war crimes and who are not otherwise being investigated or prosecuted by their own nation’s judicial system, around the world. A New Policy also opposes H.R. 23 because it would have potentially significant economic and diplomatic consequences for U.S. relationships with Europe.
For more information please contact: Josh Paul, (202) 770-0055, info@anewpolicy.org
