The U.S. Senate has blocked a bill aimed at imposing sanctions on the International Criminal Court (ICC) for its controversial arrest warrants targeting Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The vote, which saw 54 senators in favor and 45 opposed, fell short of the 60 votes needed to move the bill to a final vote.
The bill was introduced on Tuesday in response to the ICC’s decision to issue arrest warrants for Netanyahu and Gallant, accusing them of war crimes related to Israel’s military actions in Gaza. Proponents, particularly Republicans, expressed concern that the ICC’s focus on Israeli officials could set a dangerous precedent, potentially targeting U.S. figures in the future.
“While I oppose the ICC’s bias against Israel and believe the court should be reformed, the bill before us is poorly drafted and deeply flawed,” Senate Democratic Leader Chuck Schumer said. Schumer, who has long criticized the ICC’s actions, argued that the sanctions bill could unintentionally harm U.S. allies and businesses engaged with the court. He urged Republicans to revisit the legislation and amend its language.
Republican leaders, however, defended the bill as necessary to hold the ICC accountable. Senate Majority Leader John Thune argued that the court’s actions against Israel should be a cause for concern, warning that if left unchecked, the ICC could extend its reach to U.S. citizens.
The controversy stems from the ICC’s investigation into alleged war crimes in Gaza, which includes accusations that Israel’s restrictions on aid—such as food and medical supplies—amounted to starvation tactics. The ICC also issued warrants for Hamas commanders, including Mohammed Deif, in relation to the deadly October 7 attack on southern Israel. Despite its investigation, the court has denied any bias against Israel, asserting that it is fulfilling its mandate to hold perpetrators of war crimes accountable, regardless of nationality.
The bill’s defeat follows growing international condemnation, with experts warning that attempts to undermine the ICC could promote a culture of impunity. U.N. experts, European officials, and former ICC management body presidents have all urged the U.S. to reconsider its stance, cautioning that weakening the court’s authority could hinder justice efforts worldwide.
John Fetterman was the only Democrat to vote in favor of the legislation, receiving praise from the American Israel Public Affairs Committee (AIPAC) for his “principled leadership.” Fetterman’s support came despite objections from many of his fellow Democrats, who shared concerns over the ICC’s alleged bias but believed the sanctions bill was problematic.
In the broader geopolitical context, both Israel and the U.S. are not parties to the Rome Statute that established the ICC. However, the court argues that since Gaza is a member of the ICC, Israeli officials could be held accountable for their actions related to the Palestinian territories.
The dispute over the ICC’s authority to issue arrest warrants underscores the growing tension between international institutions and sovereign nations, with critics warning that attempts to weaken the ICC could embolden other powerful states to disregard international law.
