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US lawmakers seek sanctions on ICC over investigations

The bill, introduced by Tom Cotton and Ted Cruz along with Marco Rubio, calls for "imposing sanctions with respect to associates of the International Criminal Court engaged in investigations of personnel of the United States and its allies."

by  Ariel Kahana
Published on  02-06-2023 21:21
Last modified: 02-06-2023 21:50
Will anti-Israel case go unanswered at The Hague? Israeli lawyers already have a planAP / Peter Dejong

Police escorts a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020 | Photo: AP / Peter Dejong

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Three US Republican senators have recently introduced legislation that would place sanctions on the International Criminal Court's senior officials.

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The bill, introduced by Tom Cotton, Ted Cruz, and Marco Rubio, calls for "imposing sanctions with respect to associates of the International Criminal Court engaged in investigations of personnel of the United States and its allies." If passed, a main component would include the revoking entry visas to the US, a measure that was in place under President Donald Trump until President Joe Biden lifted it.

The bill would make this part of US policy in any case where the ICC investigates or indicts members of the US armed forces or those of its allies, as well as other "protected persons," which extends to various officials and others who represent the US and its allies "who are not a state party to the Rome Statute of the International Criminal Court." Such sanctions would impact ICC officials who and their families if they are involved in investigations against the US or Israel, neither of which are signatories to the Rome Statute.

"The ICC has no legitimate jurisdiction over the United States or any country that does not recognize the ICC's authority. This legislation rejects the Biden administration's appeasement of the ICC. It also protects our service members, officials, and allies against the court's politically motivated attacks, as we've seen the court do time and again with US forces in Afghanistan and Israeli efforts to defend themselves from terrorist aggression," Senator Cotton said in a statement.

Cruz echoed his comments, saying, "The International Criminal Court has no authority over the sovereignty and security of our citizens. I'm proud to co-sponsor this legislation sanctioning the ICC if it persecutes our troops, officials, or allies."

The bill must pass both chambers of Congress. With the Senate being Democratic, several Democratic senators would cross the aisle, and after that, it would probably win the backing of the Republican-controlled House, although it could then face a veto by Biden. There is also a possibility that Biden would come out in support of the bill and pave the way for bipartisan passage.

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