February 10, 2025
Mr. Sullivan (for himself and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations
To prohibit United States cooperation with the International Criminal Court, the use of the Economic Support Fund to support the Palestinian Authority, and any Federal funding for the ICC.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1. Short title
This Act may be cited as the Stop the ICC Act
.
Sec. 2. Findings
Congress finds the following:
(1)
In 2014, and in each subsequent year, Congress has enacted provisions, including section 7041(k)(2)(A)(i)(II) of the Further Consolidated Appropriations Act, 2024 (Public Law 118–47), prohibiting the use of economic support funds for the Palestinian Authority if the Palestinians initiate an investigation of the International Criminal Court (referred to in this section as the ICC
), or actively support such an investigation, which subjects Israeli nationals to an investigation for alleged crimes against Palestinians.
(2)
On May 22, 2018, the Palestinian Authority initiated an International Criminal Court authorized investigation and have actively supported that investigation, which investigates alleged crimes committed by Israeli nationals against Palestinians.
(3)
According to the ICC, [o]n 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, Palestine referred the Situation in Palestine for investigation by the Office of the Prosecutor and specifically requested the Prosecutor
.to investigate, in accordance with the temporal jurisdiction of the Court, past, ongoing and future crimes within the court's jurisdiction, committed in all parts of the territory of the State of Palestine
, specifying that [t]he State of Palestine comprises the Palestinian Territory occupied in 1967 by Israel, as defined by the 1949 Armistice Line, [which] includes the West Bank, including East Jerusalem, and the Gaza Strip
.
(4)
In 2021, the ICC opened an investigation into the Situation in Palestine
.
(5)
On May 20, 2024, the chief prosecutor of the ICC applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for a range of offenses allegedly committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023
.
(6)
On November 21, 2024, the ICC Pre-Trial Chamber I rejected challenges made by the State of Israel to—
(A)
the ICC’s issuance of arrest warrants for Prime Minister Netanyahu and former Defense Minister Gallant; and
(B)
the ICC’s jurisdiction on the matter.
(7)
On November 21, 2024, the ICC issued arrest warrants for Prime Minister Netanyahu and former Defense Minister Gallant.
Sec. 3. Prohibition against cooperation with the International Criminal Court and support for the Palestinian Authority
(a) Prohibition against cooperation with the ICC
Notwithstanding any other provision of law, no official of the United States may cooperate with the International Criminal Court with respect to any matter.
(b) Fulfillment of statutory condition
The investigation referred to in section 2(a)(2) and the application for arrests warrants for Israeli officials referred to in section 2(a)(5)(A) justifies prohibiting the use of economic support funds for the Palestinian Authority in accordance with section 7041(k)(2)(A)(i)(II) of the Further Consolidated Appropriations Act, 2024 (Public Law 118–47).
(c) Prohibition against use of Economic Support Fund in Gaza
None of the funds made available pursuant to chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) may be used to provide support for the Palestinian Authority.
(d) Prohibition against funding for the ICC
Notwithstanding any other provision of law, no Federal funds may be—
(1)
made available for the ICC; or
(2)
used to support any ICC activity, including submissions of alleged crimes, preliminary investigations, investigations, warrants, surrender or transfer of accused persons, prosecutions, trials, appeals, or enforcement of ICC rulings.