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US Senate Democrats block bill to sanction international court over Israel

FILE PHOTO: The International Criminal Court building is seen in The Hague
January 28, 2025
Patricia Zengerle - Reuters

By Patricia Zengerle

WASHINGTON (Reuters) -U.S. Senate Democrats on Tuesday blocked a Republican-led effort to sanction the International Criminal Court in protest of its arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister over Israel's campaign in Gaza.

The chamber voted 54-45 in favor of the bill, meaning the measure could not get the 60 yes votes needed to advance to a vote on passage in the 100-member Senate.

Senator John Fetterman was the only Democrat to vote with Republicans to advance the measure. Democratic Senator Jon Ossoff did not vote.

The "Illegitimate Court Counteraction Act" would have imposed sanctions on any foreigner who investigates, arrests, detains or prosecutes U.S. citizens or those of an allied country, including Israel, who are not members of the court.

It passed the House of Representatives earlier this month 243-140, as 45 Democrats joined majority Republicans in favor.

In the Senate, Democrats said they agreed with much of the bill, but it was too broad, and risked alienating important U.S. allies and imposing sanctions on lower-level workers at the court in the Netherlands.

Senator Jeanne Shaheen, the top Democrat on the Foreign Relations Committee, said the party had tried to reach a compromise with Republicans, but could not do so.

Republicans had said they hoped the bill would pass in time for President Donald Trump to sign into law soon after being inaugurated on Jan. 20, especially with Netanyahu due to visit him at the White House on Feb. 4.

White House officials did not immediately respond to a request for comment on whether Trump would use an executive order to impose sanctions.

'ANTI-ISRAEL BIAS'

Urging colleagues to vote no, Senate Democratic Leader Chuck Schumer accused the ICC of having "an anti-Israel bias that cannot be ignored." However, he said the bill was poorly crafted and also could target U.S. companies, such as those whose products help protect the court from foreign hackers.

The ICC is a permanent court that can prosecute individuals for war crimes, crimes against humanity, genocide and the crime of aggression in member states or by their nationals.

The court has said its decision to pursue warrants against the Israeli officials was in line with its approach in all cases, based on an assessment by the prosecutor that there was enough evidence to proceed, and the view that seeking arrest warrants immediately could prevent ongoing crimes. 

Congressional Republicans have been denouncing the ICC since it issued arrest warrants for Netanyahu and his ex-defense chief Yoav Gallant, accusing them of war crimes and crimes against humanity in the Gaza conflict. Israel denies the allegations.

Urging support for the bill, Senator Jim Risch, the Republican chairman of the foreign relations panel, accused the ICC of pursuing the Israeli leader for political reasons.

"Itโ€™s just another example of politicization and antisemitism thatโ€™s become endemic among a number of international organizations," he told reporters.

The war crimes tribunal has taken measures to shield staff from possible U.S. sanctions, paying salaries three months in advance, as it braces for financial restrictions.

(Reporting by Patricia Zengerle, additional reporting by Gabriella Border; Editing by Chris Reese, Rod Nickel and Deepa Babington)

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