House GOP Aims to Shield Netanyahu From ICC in New Legislative Push

A Republican representative, often at odds with his own party’s leadership, criticized them on Wednesday regarding a section of the new rules package. This section appears to be a reaction to the international tribunal’s recent issue of arrest warrants for senior Israeli officials, including actions backed by the U.S. in Gaza.

The House of Representatives, under Republican control for the 119th Congress, is set to convene on Friday afternoon. The agenda includes the swearing-in of members, the election of the Speaker, and the discussion of a 36-page rules document that was unveiled on Wednesday. The proposed changes aim to restructure some committees, make it more difficult to oust the Speaker, and introduce electronic voting for committees.

The resolution outlines that, upon adoption, the House will deliberate on a list of twelve bills mentioned at the document’s conclusion. Representative Thomas Massie (R-Ky.) expressed concerns about the eighth bill, aimed at imposing sanctions on any attempts by the International Criminal Court (ICC) to “investigate, arrest, detain, or prosecute any protected individuals from the United States and its allies.”

In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif. Despite neither Israel nor the United States being signatories to the ICC’s founding treaty, the court holds jurisdiction over the occupied Palestinian territories—Gaza, the West Bank, and East Jerusalem.

On social media, Massie questioned, “The United States is a sovereign nation, hence I dismiss any ICC decisions. Nonetheless, how did a bill to safeguard Netanyahu end up in the House rules package, set for a vote right after the Speaker’s election? What are our priorities?!”

Massie’s critique of the rules package came shortly after he publicly opposed President-elect Donald Trump’s support for House Speaker Mike Johnson (R-La.) retaining his position in the upcoming session. He criticized Johnson for previously collaborating with Democrats on various issues, including funding for Ukraine, authorizing surveillance on Americans, and budget increases.

Representative Marjorie Taylor Greene (R-Ga.) also spoke out against what she described as a “special protection provision for Netanyahu.” Echoing her Kentucky counterpart, she opposed the ICC, which prosecutes serious international crimes. Greene stated, “I refuse to lend any credibility or authority to the International Criminal Court in our House rules package. This clause must be eliminated.”

Amidst expectations of ICC warrants—which were indeed issued—the House passed Representative Chip Roy’s (R-Texas) Illegitimate Court Counteraction Act with bipartisan support in June, though it stalled without a Senate vote under Democratic control. Nevertheless, the Biden administration reportedly collaborated with Israel to prevent the issuance of the warrants.

Under the 2002 American Service Members’ Protection Act, often referred to as the Hague Invasion Act, Biden is empowered to “use all necessary and appropriate means to secure the release” of any American or ally held by the ICC. This authority will soon pass to Trump.

Both Biden and Trump have publicly denounced the ICC’s warrants against Netanyahu and Gallant. In contrast, a few progressive representatives, including Rashida Tlaib (D-Mich.), a vocal critic of the Israeli operations in Gaza and the sole Palestinian American in Congress, have supported the warrants. Tlaib stated in November, “The International Criminal Court’s long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity indicates that the time of the Israeli apartheid regime acting with impunity is over. It is crucial that our government immediately ceases its involvement in these violations of human rights and international law.”