PolicyBrief
S. 493
119th CongressFeb 10th 2025
Stop the ICC Act
IN COMMITTEE

The "Stop the ICC Act" restricts U.S. cooperation with the International Criminal Court (ICC) and withholds funds from the Palestinian Authority due to ICC investigations against Israeli officials.

Dan Sullivan
R

Dan Sullivan

Senator

AK

LEGISLATION

"Stop the ICC Act": US Officials Banned from Cooperating with International Criminal Court, Palestinian Aid Cut

The "Stop the ICC Act" flat-out prohibits any U.S. official from cooperating with the International Criminal Court (ICC) on anything. It also officially cuts off economic support funds to the Palestinian Authority, citing their involvement in ICC investigations targeting Israeli nationals. Finally, the bill blocks any federal funds from going to the ICC or supporting any of its activities, from investigations to enforcing rulings.

ICC? Not on Our Dime

This section is the meat of the bill. It’s a blanket ban: no U.S. government employee or entity can cooperate with the ICC. This isn't limited to specific cases—it's any matter. The bill directly references section 7041(k)(2)(A)(i)(II) of the Further Consolidated Appropriations Act, 2024, which already prohibits aid to the Palestinian Authority if they initiate or support ICC investigations against Israelis. This new bill doubles down, making it crystal clear that no funds under chapter 4 of part II of the Foreign Assistance Act of 1961 can support the Palestinian Authority, and no federal money can touch the ICC.

For example, if an ICC investigator requested information from a U.S. agency regarding any case, that agency would be legally prohibited from responding. This could impact a range of investigations, not just those related to Israel. Similarly, any financial aid earmarked for the Palestinian Authority that falls under the specified funding categories is now blocked.

Digging into the "Why"

Section 2 lays out the rationale, focusing on the ICC investigation involving Israeli nationals and the Palestinian Authority that started back in 2018. The bill highlights that the Palestinian Authority requested the ICC to investigate alleged crimes by Israelis in occupied territories. It also points out that the ICC's chief prosecutor sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in May 2024, and that the ICC issued those warrants in November 2024, after rejecting challenges from Israel. These events are presented as the justification for cutting off cooperation and funding.

The bill's text explicitly connects these ICC actions to the funding cuts, stating that the Palestinian Authority's initiation and support of the investigation triggers the existing restrictions on economic support funds. It’s a direct cause-and-effect relationship established within the legislation itself.

Challenges and Long-Term Implications

While the bill is straightforward in its prohibitions, the broader implications are worth considering. By completely disengaging with the ICC, the U.S. could be isolating itself from international legal processes and potentially hindering investigations into serious crimes. The long-term impact on U.S. relations with allies who support the ICC, and on international justice efforts more broadly, is also a significant, open question. The immediate, practical challenge is ensuring that all U.S. government agencies and personnel are aware of and comply with this sweeping ban on cooperation.