[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1041 Introduced in House (IH)]

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118th CONGRESS
  2d Session
H. RES. 1041

 Condemning the order issued by the International Court of Justice on 
    January 26, 2024, imposing provisional measures against Israel.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 29, 2024

 Mr. Jackson of Texas (for himself, Mr. Kustoff, Mr. Bost, Mrs. Miller 
 of West Virginia, Mr. Fleischmann, Mr. Guest, Mr. Weber of Texas, Mr. 
   Self, Mr. Ellzey, Mr. Wilson of South Carolina, Mr. Tiffany, Mrs. 
  Harshbarger, Mr. Bergman, Ms. Mace, Mr. Ciscomani, Mr. Lawler, Mr. 
 D'Esposito, Mr. Fitzpatrick, Mr. Nehls, and Mr. Langworthy) submitted 
   the following resolution; which was referred to the Committee on 
                            Foreign Affairs

_______________________________________________________________________

                               RESOLUTION


 
 Condemning the order issued by the International Court of Justice on 
    January 26, 2024, imposing provisional measures against Israel.

Whereas Israel is a strong ally and major strategic partner of the United 
        States;
Whereas Hamas is an Iranian terrorist proxy and in 1997 was designated by the 
        United States as a foreign terrorist organization;
Whereas Hamas is a genocidal organization that calls for the destruction of the 
        State of Israel in its 1988 charter and seeks to harm Israeli citizens;
Whereas, since Hamas was founded in 1987, its terrorists have repeatedly carried 
        out lethal attacks in Israel and, since seizing control of the Gaza 
        Strip in 2007, have repeatedly attacked Israel with rocket fire;
Whereas, since taking control of the Gaza Strip, Hamas has diverted vast amounts 
        of resources from intended peaceful purposes to develop an extensive 
        military capability;
Whereas these efforts have transformed Gaza into an elaborate fortress designed 
        to attack Israel;
Whereas these attacks have consistently been timed and calculated to undermine 
        any positive momentum in Israeli-Palestinian negotiations;
Whereas, on October 7, 2023, Hamas terrorists attacked Israel in an unprovoked 
        act of war;
Whereas Hamas' unlawful act of aggression against Israel on October 7 included 
        the barbaric and illegal slaughter of over 1,200 civilians from more 
        than 25 nations, including at least 30 United States citizens;
Whereas Hamas accomplished this by launching a coordinated attack and began 
        slaughtering Israelis and abducting hostages in towns in southern 
        Israel, including children and the elderly;
Whereas Hamas poses a serious and continuous threat to the safety and security 
        of the State of Israel and its citizens;
Whereas Hamas has promised to repeat October 7-style massacres ``again and 
        again'', promising there will be more attempts ``until Israel is 
        annihilated'';
Whereas Hamas attacks are categorically unlawful and intended to kill or injure 
        civilians;
Whereas over 130 hostages, including up to 8 Americans, continue to be 
        unlawfully detained by Hamas in inhumane conditions in Gaza;
Whereas Hamas frequently uses civilian populations as ``human shields'' to 
        inevitably cause incidental death and injury to Gazan civilians;
Whereas Hamas uses Gazan civilians not only to shield its operatives, but in the 
        hopes of casualties being inflicted in order to advance its 
        international disinformation campaign against Israel;
Whereas this attack and threat of ongoing violence compelled Israel to evacuate 
        residents from their homes in Gaza;
Whereas Hamas deliberately causes collateral damage to property by placing their 
        weapons stockpiles, launchpads, and headquarters in or under residential 
        buildings, schools, mosques, and hospitals;
Whereas South Africa brought a case against Israel on December 29, 2023, before 
        the International Court of Justice (ICJ) under the Genocide Convention;
Whereas accusing the State of Israel of committing and inciting genocide against 
        Palestinians living in the Gaza Strip was based on a distorted 
        invocation of selective facts;
Whereas, on January 26, 2024, the ICJ rejected Israel's assertion that the Court 
        lacked jurisdiction due to the absence of a genuine dispute and Israel's 
        lack of a chance to respond, and the Court issued an order with six 
        provisional measures including requiring Israel to submit a report to 
        the ICJ on all measures Israel takes to abide by the order of the ICJ; 
        and
Whereas the decision imposing these provisional measures failed to credibly 
        consider Israel's inherent right to self-defense against the armed 
        attack by Hamas or the gravity of the international law violations 
        committed by Hamas: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) condemns the provisional measures order by the 
        International Court of Justice;
            (2) condemns South Africa for bringing forth the meritless 
        case against Israel;
            (3) stands firmly with Israel as it continues to defend 
        itself against the illegal and unprovoked armed attack by Hamas 
        and other Iranian terrorist proxies;
            (4) believes unequivocally in Israel's right to self-
        governance and self-defense; and
            (5) calls on the President to direct the Secretary of State 
        to formally intervene in this case in support of Israel, to 
        encourage other nations to intervene in this case in support of 
        Israel, and to assess if and how South Africa has been 
        complicit in supporting Hamas and how such complicity may be 
        legally sanctioned.
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