The House this week is set to consider a bill that would impose sanctions on the International Criminal Court for a decision by its top prosecutor last month to seek arrest warrants for Israeli officials over the war in Gaza. 

Despite initially leaving the door open to such a move, the Biden administration is condemning the legislation, making it unclear how the U.S. will act in response to the ICC’s decision. 

What You Need To Know

  • The House this week is set to consider a bill that would impose sanctions on the International Criminal Court for a decision by its top prosecutor last month to seek arrest warrants for Israeli officials over the war in Gaza
  • Despite initially leaving the door open to such a move, the Biden administration is condemning the legislation, making it unclear whether the U.S. will act in response to the ICC’s decision 
  • It comes after Secretary of State Antony Blinken told the Senate Foreign Relations Committee in May that he would be “happy” to work with Congress on an “appropriate response” over the ICC’s move 
  • The ICC's decision sparked outrage among Republicans in Congress as well as President Joe Biden 

The legislation led by Rep. Chip Roy, R-Texas, called the Illegitimate Court Counteraction Act, would impose sanctions on the ICC or any foreign actor supporting the arrest of a “protected person” of the U.S. and its allies, such as Israel. 

The White House condemned the move in a statement on Monday through the Office of Management and Budget, arguing there are “more effective ways to defend Israel.” 

“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 read. 

It comes after Secretary of State Antony Blinken told the Senate Foreign Relations Committee in May that he would be “happy” to work with Congress on an “appropriate response” over the ICC’s move. When Press Secretary Karine Jean-Pierre was asked about sanctions in May, she told reporters that the administration is “having discussions” with those on the Hill about next steps. 

But White House National Security Communications Advisor John Kirby threw cold water on the idea last week when he said sanctions were "not the right answer.” 

Karim Khan, the ICC’s chief prosecutor, decision last month to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu amd Israeli Defense Minister Yoav Gallant, as well as Hamas leaders Yehia Sinwar, Mohammed Deif and Ismail Haniyeh, for war crimes and crimes against humanity related to the ongoing war in Gaza sparked outrage among Republicans in Congress as well as President Joe Biden. 

“Let me be clear, we reject the ICC’s application for arrest warrants against Israeli leaders,” Biden, who also called it “outrageous,” said at the time. “Whatever these warrants may imply, there is no equivalence between Israel and Hamas,” he continued.