PolicyBrief
H.RES. 9
119th CongressJan 3rd 2025
Reaffirming that the United States is not a party to the Rome Statute and does not recognize the jurisdiction of the International Criminal Court.
IN COMMITTEE

Reaffirms that the U.S. is not a party to the Rome Statute, does not recognize the ICC's jurisdiction, and supports Israel against unwarranted legal actions.

Andy Biggs
R

Andy Biggs

Representative

AZ-5

LEGISLATION

U.S. Rejects International Court's Jurisdiction, Condemns Arrest Warrants for Israeli Leaders

This bill is a firm restatement of the U.S.'s stance on the International Criminal Court (ICC) – essentially, "we're not playing ball." It specifically calls out the ICC Prosecutor's May 20, 2024 move to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. The core message? The U.S. doesn't recognize the ICC's authority over either the U.S. or Israel.

Sticking to Our Guns

The bill digs into the history, reminding everyone that while President Clinton signed the Rome Statute (the ICC's founding document) back in 2000, it was never ratified by the Senate. The Bush administration then formally pulled out in 2002. The bill emphasizes that, under the U.S. Constitution, treaties need a two-thirds thumbs-up from the Senate – and that never happened with the Rome Statute. Per Article 125 of the Rome Statute, signatory states have to ratify to be bound. The bill's authors are making it clear: the U.S. considers itself (and Israel) outside the ICC's reach.

Real-World Fallout

This isn't just about legal technicalities. It has practical implications. Imagine a U.S. service member or an official from an allied country facing ICC charges. This bill signals that the U.S. won't cooperate with such proceedings. It's a strong assertion of sovereignty, but it also raises questions about how the U.S. will engage with international efforts to address war crimes or human rights abuses. For example, if an American contractor were accused of abuses abroad, would the U.S. shield them from ICC investigation?

Israel's Right to Defend

The bill doesn't mince words when it comes to Israel. It "condemns" the ICC's actions against Israeli leaders and throws "unwavering support" behind Israel's right to self-defense. What does that mean in practice? It suggests the U.S. might actively oppose any ICC attempts to prosecute Israeli officials. This could strain relationships with countries that do support the ICC, potentially complicating international cooperation on other issues.

Challenges and Long-Term Effects

The elephant in the room is the lack of discussion about potential human rights concerns related to the actions of the Israeli government. By solely focusing on rejecting the ICC's jurisdiction, the bill sidesteps any consideration of accountability for potential violations of international law. This could set a precedent, potentially emboldening other nations to disregard international legal standards, leading to a more fragmented and less predictable global legal landscape.