S.493 - Stop the ICC Act

S.493 was introduced on 10 February 2025 by SEN Sullivan (R-AK). It is currently pending before the Senate Foreign Relations Committee, and has 1 co-sponsor on a partyline basis.

Related legislation: None

Bill Summary: S.493 would prohibit any U.S. Government official from cooperating with the ICC on any matter; would prohibit any of the State Department's Economic Support Funds (ESF) from being used to provide support for the Palestinian Authority, and would prevent any Federal funds from being made available to the ICC.

Context: The ICC has indicted Israeli Prime Minister Netanyahu and former Defense Minister Gallant in connection with Israel’s attacks on Gaza. While the U.S. is not a member of the ICC, we have worked with and in support of it in other contexts, including supporting Ukraine’s applications to the ICC regarding Russia and Russian President Putin. The U.S. does not provide significant ESF funding to the Palestinian Authority, and such funding is prohibited under the current Appropriations Act; the U.S. also does not provide funding to the ICC.

American Values Analysis: This Bill runs counter to American values by undermining pathways to justice and U.S. support for such pathways. 

American Interest Analysis: This Bill is contrary to the American interest. It would prevent the U.S. from engaging with the ICC even in instances where the U.S. has already been working to do so, including in the context of Russia’s invasion of Ukraine, and the actions of the Burmese Junta. The Bill would also restrict the ability of Congress to provide ESF funds for the Palestinian Authority even if Congressional Appropriators made a future decision to do so, substantially limiting foreign policy flexibility. The Bill would further undermine U.S. global leadership and credibility, and puts Prime Minister Netanyahu’s interests in his protection from the ICC ahead of America’s interests.

A New Policy’s Recommendation: OPPOSE

A New Policy opposes S.493 because it would undermine America’s global ability to support third-party cases before the ICC, including those involving President Putin and Russia’s illegal invasion of Ukraine, would further constrain U.S. policy options towards the Israeli-Palestinian peace process, and would further damage U.S. global credibility and relationships.

For more information please contact: Josh Paul, (202) 770-0055, info@anewpolicy.org