The International Criminal Court’s Pursuit of Israeli Leadership Threatens U.S. National Security
On Jan. 9, the U.S. House of Representatives passed HR-23, the Illegitimate Court Counteraction Act, imposing strong sanctions on International Criminal Court (ICC) officials and families, in response to the ICC's baseless pursuit of Israeli leaders for alleged crimes perpetrated during defensive actions against Hamas in Gaza.
The bill mandates the president to freeze property assets and deny visas to foreigners directly engaged in or otherwise aiding any effort by the ICC to investigate, arrest, detain, or prosecute a "protected person" — defined as all current and former military and government officials of the U.S. and allies, such as Israel, that haven't consented to the court's jurisdiction.
The Senate now must act quickly to enact HR-23 into law.
Sen.Tom Cotton, R-Ark., emphasized that without a decisive U.S. response, the ICC poses a direct threat to American and allied sovereignty.
He declared this bill would protect America and Israel from the ICC's abuse of power.
In a coordinated action, President-elect Trump is expected to issue an Executive Order to sanction the ICC as an institution, something the bipartisan House legislation failed to do because of Democratic opposition, and also impose severe economic sanctions and U.S. entry restrictions on its personnel.
This all stems from the ICC’s Nov. 21, 2024 issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense chief Yoav Gallant based on the absurd charges of "war crimes" and "crimes against humanity."
The ICC’s accusation that they intentionally deprived Gaza's civilians of essential supplies — food, water, electricity, and medical supplies — as part of a systematic attack against civilians, is a grotesque distortion of Israel’s defensive actions against Hamas terrorists in Gaza.
Under its Rome Statute founding charter, the ICC has jurisdiction over genocide, war crimes, and crimes against humanity only within member states.
Because this authority violates national sovereignty, the U.S. and Israel have not signed the Rome Statute and are not members.
To justify jurisdiction over Israel, the ICC determined that a fictional "State of Palestine," exists, had this non-legal entity sign the Rome Statute and join the ICC as a member state.
It assigned Gaza and the West Bank as Palestinian territory.
Charged as war criminals by the ICC, if Netanyahu or Gallant enter any of the 124 ICC member states, they risk arrest and deportation to The Hague for trial and possible imprisonment.
EU foreign policy chief Josep Borrell shamefully supports this overreach, urging EU member states to enforce the ICC's arrest warrants.
The ICC's arrest warrants set dangerous precedents.
Not just an assault against Israel, its actions imperil every democratic nation defending itself against terror.
If left unchecked, the ICC threatens American and Western military leaders globally.
This court has already shown its hostility toward U.S. sovereignty by initiating — and later dropping — an unfounded investigation into American troops in Afghanistan.
The Rome Charter requires proof that Israel deliberately aimed to starve civilians as a warfare method.
No such evidence exists. ICC merely claims it can reasonably be assumed. Accusing Israel of intentionally starving civilians is an outrage.
Israel’s humanitarian aid to Gaza civilians is unmatched in warfare, dwarfing Western efforts in conflict zones like Afghanistan or Iraq.
A Hebrew University study showed Israel delivers enemy civilians an average of 3,374 kcal per person daily — double the average adult's needs.
Hamas routinely steals this aid, using it for its military or selling it to Gazans at exorbitant prices to fund warfare.
In June, it was no surprise that the UN-backed Integrated Food Security Classification System reported that the widely predicted famine in Gaza had not occurred.
The ICC was designed as a court of last resort, meant to intervene only when a country is unwilling or unable to investigate crimes.
Democracies like the U.S. and Israel have robust, independent legal systems.
The Israeli legal system vigorously reviews its military’s behavior.
The ICC's blatant bias is evident.
It ignores Hamas's barbaric crimes against Israeli civilians — murder, rape, mutilation, and hostage-taking — while weaponizing its legal system to attack Israel.
This lawfare against a democracy emboldens terrorists, criminalizes self-defense, and aids those seeking to destroy freedom.
The incoming Trump administration is preparing executive orders for severe sanctions against ICC officials, their families, and the institution itself.
These executive orders will strike hard, but only a permanent, bipartisan congressional law can guarantee lasting protection.
Republicans are rightly rallying support to pass HR-23 into law and safeguard democracies from the ICC’s reckless overreach.
Senator Cotton aptly called the ICC a "kangaroo court" and warned its chief prosecutor, Karim Khan, against enforcing these baseless warrants against Israeli leadership.
This fight is not just about Israel; it is about defending the right of all free nations to protect themselves.
The ICC’s lawless behavior must be confronted vigorously.
America and its allies must stand united, impose crippling sanctions, and send a clear message: We will not tolerate this judicial tyranny.
Ziva Dahl is a senior fellow with the news and public policy group Haym Salomon Center. Ziva writes and lectures about U.S.-Israel relations, U.S. foreign policy, Israel, Zionism, Antisemitism and BDS on college campuses. Her articles have appeared in such publications as The Hill, New York Daily News, New York Observer, The Washington Times, American Spectator, American Thinker and Jerusalem Post. Read Ziva Dahl's Reports — More Here.