PolicyBrief
H.R. 23
119th CongressJan 28th 2025
Illegitimate Court Counteraction Act
HOUSE PASSED

The Illegitimate Court Counteraction Act sanctions individuals assisting the International Criminal Court (ICC) in investigating, arresting, or prosecuting protected persons, including U.S. citizens and allies, and rescinds funding for the ICC.

Chip Roy
R

Chip Roy

Representative

TX-21

PartyTotal VotesYesNoDid Not Vote
Democrat
2154514030
Republican
219198021
LEGISLATION

New Bill Slaps Sanctions on ICC Investigators and Families: U.S. and Allied Officials Shielded from War Crimes Court

The "Illegitimate Court Counteraction Act" aims to do exactly what its name suggests: push back hard against the International Criminal Court (ICC). This bill, just introduced, throws down a gauntlet by imposing serious sanctions on anyone who helps the ICC investigate, arrest, detain, or prosecute what it calls "protected persons." This means U.S. citizens, military personnel, government officials, and even citizens or residents of allied countries that haven't signed onto the ICC, like Israel.

Blocking the Court

The core of the bill revolves around sanctions. If someone is found to be assisting the ICC in going after a "protected person," the President must block their property and prevent them from accessing the U.S. financial system. Think of it as a financial freeze-out. Not only that, but those individuals, and their immediate family members, are banned from entering the United States. Existing visas? Revoked, immediately (Section 3). This applies to spouses, parents, siblings, and even adult children (Section 5).

Real-World Fallout

Imagine an international lawyer providing evidence to the ICC about alleged war crimes committed by a U.S. contractor in a conflict zone. Under this law, that lawyer, and their entire family, could face a complete financial blockade and travel ban to the U.S. Or consider a human rights organization documenting abuses by officials of a U.S. ally that isn't part of the ICC. If they share information with the court, everyone involved, along with their families, could be sanctioned. The definition of "assisting" the ICC is quite broad, and that's where the real impact—and potential chilling effect—comes in (Section 3).

Beyond the sanctions, the bill also cuts off any existing or future funding to the ICC (Section 4). This is a clear statement of disapproval and an attempt to limit the court's resources.

The Big Picture and Potential Snags

This bill is framed as a defense of U.S. sovereignty and a protection for allies who haven't joined the ICC. The findings section explicitly condemns the ICC's recent actions against Israeli officials, calling them "illegitimate" and a threat to the U.S. and its allies (Section 2). However, the sweeping nature of the sanctions raises some serious questions. Could this hinder legitimate investigations into war crimes or crimes against humanity? Could the broad definition of "protected person" be used to shield individuals from accountability? The bill does include a national security waiver, allowing the President to bypass sanctions for 90-day periods, but that requires detailed justification to Congress (Section 3). The long-term consequences could involve strained relations with countries that support the ICC and a potential setback for international justice efforts.