US News

Senate Unable to Overcome Procedural Obstacle for ICC Sanctions Legislation


The count to invoke cloture on the Illegitimate Court Counteraction Act stood at 54–45, falling six votes short of the 60 required.

On January 28, the Senate was unable to pass a procedural hurdle on a piece of legislation aimed at sanctioning the International Criminal Court (ICC) due to its issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant.

The vote to invoke cloture on the Illegitimate Court Counteraction Act resulted in 54–45, thereby failing to meet the 60-vote threshold necessary to progress most legislation within the Senate. All Democrats, except for Sen. John Fetterman (D-Pa.), opposed the motion.

The bill, which the House approved earlier in the month, would empower the United States to impose sanctions on ICC officials involved in issuing warrants against American citizens or officials from U.S. allied nations.

This measure would also cease all U.S. financial support for the ICC.

Before the vote, Senate Minority Leader Chuck Schumer (D-N.Y.) acknowledged that while the ICC warrants were inappropriate, the bill itself had flaws, stating it would enable President Donald Trump to “arbitrarily sanction the heads of state of our allies.”

Senate Majority Leader John Thune (R-S.D.) has condemned the warrants.

“Following the issuance of arrest warrants for Israel’s Prime Minister and former Defense Minister in November, I urged the Democrat leader to advance the ICC sanctions bill that had already received bipartisan support in the House,” Thune asserted on the Senate floor on January 8.

“The ICC’s reckless conduct only empowers terrorists who aim to obliterate Israel—and must be confronted decisively.”

Thune reiterated his commitment from November 2024, stating that if Schumer, who was then the Senate’s majority leader, failed to bring the bill to the floor, Republicans would act once they regained control in January.

“We will soon deliver on that promise and facilitate a vote in support of our ally Israel,” he declared.

In a statement regarding the warrants, the ICC accused Netanyahu and Gallant of “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts” in reference to Israel’s military actions in Gaza following Hamas’ attack on the nation on October 7, 2023.

The ICC further stated that Netanyahu and Gallant “hold criminal responsibility as civilian superiors for the war crime of deliberately directing an attack on the civilian population.”

A cease-fire was reached earlier this month between Israel and Hamas, temporarily halting hostilities and outlining a framework for a more enduring peace agreement.

Netanyahu dismissed Gallant from his position in November.

“Amidst a war, complete trust is vital between the Prime Minister and the Minister of Defense,” asserted Netanyahu in a statement.

“Unfortunately, although trust existed in the initial months of the campaign, it deteriorated over the last few months between myself and the Minister of Defense,” he added.

Both Netanyahu and Gallant have condemned the warrants.

The Prime Minister described the ICC’s actions as “absurd and erroneous,” while Gallant remarked that the warrants “set a perilous precedent against the right to self-defense and just warfare while emboldening malicious terrorism.”

“There is nothing more just than the military operations Israel has undertaken in Gaza,” Netanyahu declared in a statement.



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