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Code · BILL · 119th Congress · H.R. 23 (Placed on Calendar Senate) — To impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, de... · Sec. 2

Sec. 2. Findings

290 words·~1 min read·/bill/119/hr/23/pcs/section-2

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Congress finds the following: The United States and Israel are not parties to the Rome Statute or members of the International Criminal Court (ICC), and therefore the ICC has no legitimacy or jurisdiction over the United States or Israel. On May 20, 2024, the Prosecutor of the International Criminal Court, Karim Khan, announced arrest warrant applications for Israeli Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant and should be condemned in the strongest possible terms.
On November 21, 2024, the ICC’s Pre-Trial Chamber issued warrants for the arrest of Netanyahu and Gallant, which should be condemned in the strongest possible terms. The bipartisan American Servicemembers’ Protection Act was enacted in 2002 to protect United States military personnel, United States officials, and officials and military personnel of certain allied countries against criminal prosecution by an international criminal court to which the United States is not party, stating, In addition to exposing members of the Armed Forces of the United States to the risk of international criminal prosecution, the Rome Statute creates a risk that the President and other senior elected and appointed officials of the United States Government may be prosecuted by the International Criminal Court. .
The ICC’s actions against Israel, including the preliminary examination and investigation of Israel and issuance of arrest warrants against Israeli officials, are illegitimate and baseless and create a damaging precedent that threatens the United States, Israel, and all United States partners who have not consented to the ICC’s jurisdiction. The United States must oppose any action by the ICC against the United States, Israel, or any other ally of the United States that has not consented to ICC jurisdiction or is not a state party to the Rome Statute of the ICC.
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