UN Experts Slam US Senate to Block ICC Sanctions Bill Approved by House

On Friday, a group of independent experts from the United Nations made an appeal to the senators of the United States to block a bill that was recently approved by the House of Representatives. This bill proposes sanctions against members of the International Criminal Court (ICC). This legislative action comes after the ICC issued arrest warrants accusing Israeli officials of crimes against humanity in Gaza.

The bill, known as H.R. 23 or the Illegitimate Court Counteraction Act, was introduced by Representatives Chip Roy (R-Texas) and Brian Mast (R-Fla.). It successfully passed the House on Thursday with significant bipartisan support, garnering votes from 45 Democrats and all 198 Republicans who participated. Should the Senate approve and the president sign it, the law would impose sanctions on any personnel from the ICC involved in attempts to investigate, arrest, detain, or prosecute any protected individuals from the United States or its allies.

Earlier in the year, a similar piece of legislation was passed by the House but failed to get through the Senate, which at that time was controlled by Democrats. Currently, the Senate is under Republican leadership.

In response to this legislative move, Margaret Satterthwaite, U.N. special rapporteur on the independence of judges and lawyers; Francesca Albanese, special rapporteur on human rights conditions in the Palestinian territories occupied since 1967; George Katrougalos, independent expert on the promotion of a democratic and equitable international order; and Ben Saul, special rapporteur on counter-terrorism and human rights, jointly issued a statement:

It is deeply troubling to witness a nation that prides itself on being a leader in the rule of law attempting to obstruct the work of an independent and impartial judicial body established by the global community, thereby impeding accountability. Such threats against the ICC foster a culture of impunity. They undermine the longstanding efforts to prioritize law over violence and atrocities. The relentless dedication of the ICC’s courageous legal professionals is vital for holding those responsible accountable. The endeavors of its prosecutors are crucial in maintaining the integrity of the international legal framework. We urge all ICC state parties and member states to honor and respect the international norms applicable to legal professionals striving to secure accountability for the most serious international crimes.

Although neither Israel nor the United States are signatories to the Rome Statute—the foundational treaty of the ICC ratified by 125 countries—Palestine is a member. Consequently, crimes committed there by non-member nations can still be prosecuted.

In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant, who commanded the “complete siege” of Gaza. This blockade is held responsible for widespread starvation, illness, and lack of essential supplies like food, water, medicine, and shelter, leading to preventable deaths among Palestinians, predominantly infants and children, from malnutrition, disease, and hypothermia.

The warrants target alleged crimes against humanity and war crimes in Gaza. Additionally, the ICC issued an arrest warrant for Hamas leader Mohammed Diab Ibrahim Al-Masri for alleged crimes against humanity and war crimes during the October 7, 2023 attack on Israel, including the kidnapping and maltreatment of Israeli and international hostages.

According to the Gaza Health Ministry, the prolonged 463-day assault on Gaza by Israel has resulted in over 46,500 Palestinian deaths. However, a recent peer-reviewed study published by the prestigious British medical journal The Lancet suggests that the actual number of fatalities between October 7, 2023, and June 30, 2024, could exceed 64,000.

The International Court of Justice is currently considering a genocide case against Israel, initiated by South Africa and supported by several countries, including Ireland most recently.

The Biden administration, most of Congress, and Republican President-elect Donald Trump, whose national security adviser pick, Rep. Mike Waltz (R-Fla.), has promised a “strong response” to the ICC’s actions, all oppose these ICC warrants.

The U.N. experts emphasized that “international standards dictate that lawyers and judicial workers must be able to perform their professional roles without being intimidated, hindered, harassed, or improperly interfered with; and they should not face prosecution or any kind of sanctions for actions taken in line with recognized professional responsibilities, standards, and ethics.”

“We call on U.S. legislators to support the rule of law and the independence of judges and lawyers,” they concluded, “and we urge nations to respect the court’s autonomy as a judicial entity and to safeguard the independence and impartiality of those serving within it.”