The House passed a resolution on Tuesday that would impose sanctions on the International Criminal Court if it attempts to prosecute the United States or its allies, a move championed by Republicans as the party touts strong support of Israel in its war with Hamas.
The Illegitimate Court Counteraction Act, introduced by Rep. Chip Roy (R-TX), passed the lower chamber, 247 to 155, with two members voting "present." Twenty-seven members did not vote. Forty-two Democrats joined 205 Republicans in voting in favor of the resolution.
The resolution would impose sanctions on the ICC if it engages in efforts to “investigate, arrest, detain, or prosecute any protected person of the United States and its allies.” Some of these sanctions could come in the form of blocking U.S. property transactions, deeming individuals inadmissible to the U.S., and revoking any visas those individuals may possess.
The bill now heads to the Senate, where it will likely be ignored by Democratic leadership.
Many "no" votes on Tuesday came from progressive House Democrats who have been vocally critical of Israeli Prime Minister Benjamin Netanyahu , who faces an arrest warrant application from the ICC over allegations of war crimes.
Rep. Becca Balint (D-VT), who was a "hard no" on the resolution, said ahead of the vote that the Illegitimate Court Counteraction Act is "yet another example of Republicans just trying to divide us."
On Monday, House Republicans advanced the legislation out of the Rules Committee, 9-3, along strict partisan lines, to send it to the floor. Speaker Mike Johnson (R-LA) praised the legislation ahead of the vote during a press conference earlier Tuesday.
"We cannot allow this to stand," Johnson said of the ICC pursuing arrest warrants for Israeli leaders. "If the ICC was allowed to do this and go after the leaders of countries whose actions they disagree with, why would they not come after America?
"Why wouldn't they then issue arrest warrants for the next president of the United States or any of our defense officials? Why not?" Johnson continued. "We know the president doesn't like to listen to us, but I hope that he'll listen to the members of at least his own party."
The legislation originally was intended to be a bipartisan effort, as both parties' congressional leaders have worked to demonstrate solidarity with the Jewish state following the Oct. 7, 2023, Hamas attack. However, Biden administration officials said last week it would oppose the resolution, drawing many Democrats away from the measure.
"The Administration is deeply concerned about the ICC Prosecutor’s heedless rush to apply for arrest warrants for senior Israeli officials,” a Biden administration spokesperson said in a statement Monday. “At the same time, the Administration opposes the imposition of sanctions against the ICC, its personnel, its judges, or those who assist its work.
“There are more effective ways to defend Israel, preserve U.S. positions on the ICC, and promote international justice and accountability, and the Administration stands ready to work with the Congress on those options,” the statement continued.
Democratic Caucus Chairman Pete Aguilar (D-CA) said during a Tuesday press conference that he expected many House Democrats to vote against the bill, arguing it is "premature" given an arrest warrant has not yet been filed against Netanyahu.
"We're going to continue to be a strong ally of Israel, but we need to ensure that that safety and security is a part of that," Aguilar said. "But we feel that the ICC actions are premature, at this point.
"And just a reminder that neither Israel nor the U.S. is a signed member of the ICC treaty," Aguilar added.
The resolution passes as congressional leaders work with Israeli officials to coordinate a date for Netanyahu to deliver a speech before a joint session of Congress. Many Democrats are displeased that the prime minister has been invited to Capitol Hill, with Rep. Alexandria Ocasio-Cortez (D-NY) saying that he "shouldn't be here."
Others have pointed to the newest ceasefire proposal that Biden announced last Friday, arguing that there should be more focus on finding an end to the war than using Netanyahu's address as a "deeply political move."
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Rep. Cori Bush (D-MO) told reporters Tuesday that there are "quite a few people" opposed to Netanyahu's address and he should not be speaking in the "people's House."
"He should be arrested where he is," Bush said, referring to a possible warrant for Netanyahu's arrest in Israel.
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