On Tuesday afternoon, after agreeing earlier in the day to consider the bill, the House voted to pass Rep. Chip Roy's (R-TX) H.R.8282, the Illegitimate Court Counteraction Act. The bill passed 247-155, with 2 Republicans voting "present." Introduced early last month by Roy and Rep. Brian Mast (R-FL), the bill gained more traction when news later came out less than two weeks later that the International Criminal Court (ICC) was seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as Hamas leader Yahya Sinwar.
Such a bill will "impose sanctions with respect to the International Criminal Court engaged in any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies."
Roy, a member of the House Rules Committee, spoke in favor of the bill earlier on Tuesday from the House floor as it was being debated. He offered that "this is an issue that really shouldn't be partisan," highlighting how he's had "healthy" and "good conversations" with Democrats. Roy also made clear in summing up the bill that "at stake right now is the critically important issue of ensuring we protect America's interest!"
"It isn't just about Israel. In fact, it's not even specifically about Israel," Roy continued as he categorized his bill to be one that would bring "a permanent change to the law to ensure that if the [ICC] targets Americans, or targets our allies, that they we would sanction the [ICC]!"
The congressman also emphasized that this was an "unprecedented" action taken by the ICC in going after sitting officials in Israel.
Congress must protect America's interests.
— House Rules Committee (@RulesReps) June 4, 2024
The ICC's decision to issue arrest warrants for a democratic ally's sitting leadership threatens those interests.
H.R. 8282 would allow our nation to sanction this rogue court whenever they attempt to harass us or an allied state. pic.twitter.com/nTzNt3YFJ7
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During last Tuesday's White House press briefing, White House National Security Communications Adviser John Kirby said that while the Biden administration opposes the ICC arrest warrants--President Joe Biden responded with a measly three sentence--they do not support the sanctions bill.
Also on Tuesday, House Foreign Affairs Committee Chairman Michael McCaul (R-TX) shared from the House floor how the Biden White House has gotten involved to squash support for the bill.
"Mr. Meeks and I wanted, in good faith, to make this a bipartisan bill, and I thank him for that," McCaul shared, referring to Gregory Meeks (D-NY), the ranking member of the House Foreign Affairs Committee. "Initially, the White House supported this idea. However, on May 28th, they did a 180 degree turn," McCaul revealed, noting how even fellow Democrat, Maryland's Sen. Ben Cardin, said he was "disappointed" as he "thought they were going to try and work on a bipartisan bill."
A person familiar with the legislation confirmed the validity of McCaul's remarks to Townhall.
McCaul further reminded how the United States and Israel are not even members of the ICC, as Roy had also done.
"Failing to act here in the Congress, would make us complicit with the ICC’s illegitimate actions. We must not stay silent. We must stand with our allies."
— House Foreign Affairs Committee Majority (@HouseForeignGOP) June 4, 2024
WATCH as CHM @RepMcCaul delivers remarks on the "Illegitimate Court Counteraction Act" ⬇️https://t.co/dwuUY56FjR pic.twitter.com/RA9HONa77T
House Republican leaders also held a press conference on Tuesday to discuss, among other topics, Roy's bill. While Speaker Mike Johnson (R-LA) acknowledged that the White House was opposed to the bill, he hoped House Democrats would join Republicans in holding the ICC accountable for what he called "unconscionable" and said was a move that "cannot stand." Johnson also warned that the ICC could come after Americans.
Johnson also spoke out against the ICC once the arrest warrants were announced.
“If the ICC was allowed to ... go after the leaders of countries whose actions they disagree with, why would they not come after America?”
— The Recount (@therecount) June 4, 2024
— House Speaker Mike Johnson pushes GOP-sponsored bill to sanction the ICC for applying for an arrest warrant against Israeli PM Netanyahu pic.twitter.com/t2ikJnDRGC
Those Democrats supporting the bill included Reps. Brendan Boyle (PA), Yadira Caraveo (CO), Matt Cartwright (PA), Angie Craig (MN), Henry Cuellar (TX), Donald Davis (NC), Lois Frankel (FL), Ruben Gallego (AZ), Jared Golden (ME), Dan Goldman (NY), Vicente Gonzalez (TX), Josh Gottheimer (NJ), Steven Horsford (NV), Greg Landsman (OH), Susie Lee (NV), Mike Levin (CA), Kathy Manning (NC), Lucy McBath (GA), Grace Meng (NY), Jared Moskowitz (FL), Wiley Nickel (NC), Donald Norcross (NJ), Frank Pallone (NJ), Jimmy Panetta (CA), Chris Pappas (NH), Mary Peltola (AK), Marie Gluesenkamp Perez (WA), Scott Peters (CA), Dean Phillips (MN), Patrick Ryan (NY), Brad Schneider (IL), Kim Schrier (WA), David Scott (GA), Elissa Slotkin (MI), Darren Soto (FL), Greg Stanton (AZ), Tom Suozzi (NY), Shri Thanedar (MI), Ritchie Torres (NY), Juan Vargas (CA), Marc Veasey (TX), and Debbie Wasserman Schultz (FL). Many such members are pro-Israel Democrats and/or are considered more vulnerable members ahead of the November elections.
Reps. Warren Davidson (R-OH) and Thomas Massie (R-KY) voted "present" on the bill.
While news of the ICC chief prosecutor seeking arrest warrants came down on May 20, there had been chatter for weeks that such warrants were coming. Not only was HR 8282 introduced, but members from both chambers and both sides of the aisle took action to urge the president to actually do something.
House Republican Conference Chairwoman Elise Stefanik (R-NY), who also spoke during Tuesday's press conference in favor of the bill, and who sponsored the bill with Roy, issued several press releases on the matter. As Stefanik reminded, she signed onto a letter on April 30 with fellow New York Republican Reps. Anthony D’Esposito and Marc Molinaro calling on Biden to oppose such efforts from the ICC to issue arrest warrants.
Sens. Marco Rubio (R-FL) and Jacky Rosen (D-NV) in early May also sent out such a letter to Biden, as Rubio reminded in a press release when news of the arrest warrants came in.
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