[Pages H67-H74]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ILLEGITIMATE COURT COUNTERACTION ACT

Mr. MAST. Mr. Speaker, pursuant to House Resolution 5, I call up the
bill (H.R. 23) to 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, and
ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 5, the bill is
considered read.
The text of the bill is as follows:

H.R. 23

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Illegitimate Court
Counteraction Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The United States and Israel are not parties to the
Rome Statute or members of the International Criminal Court
(ICC), and therefore the ICC has no legitimacy or
jurisdiction over the United States or Israel.

[[Page H68]]

(2) On May 20, 2024, the Prosecutor of the International
Criminal Court, Karim Khan, announced arrest warrant
applications for Israeli Prime Minister Benjamin Netanyahu
and Minister of Defense Yoav Gallant and should be condemned
in the strongest possible terms.
(3) On November 21, 2024, the ICC's Pre-Trial Chamber
issued warrants for the arrest of Netanyahu and Gallant,
which should be condemned in the strongest possible terms.
(4) The bipartisan American Servicemembers' Protection Act
was enacted in 2002 to protect United States military
personnel, United States officials, and officials and
military personnel of certain allied countries against
criminal prosecution by an international criminal court to
which the United States is not party, stating, ``In addition
to exposing members of the Armed Forces of the United States
to the risk of international criminal prosecution, the Rome
Statute creates a risk that the President and other senior
elected and appointed officials of the United States
Government may be prosecuted by the International Criminal
Court.''.
(5) The ICC's actions against Israel, including the
preliminary examination and investigation of Israel and
issuance of arrest warrants against Israeli officials, are
illegitimate and baseless and create a damaging precedent
that threatens the United States, Israel, and all United
States partners who have not consented to the ICC's
jurisdiction.
(6) The United States must oppose any action by the ICC
against the United States, Israel, or any other ally of the
United States that has not consented to ICC jurisdiction or
is not a state party to the Rome Statute of the ICC.

SEC. 3. SANCTIONS WITH RESPECT TO THE INTERNATIONAL CRIMINAL
COURT.

(a) In General.--Not later than 60 days after the date of
enactment of this Act, and on an ongoing basis thereafter, if
the International Criminal Court is engaging in any attempt
to investigate, arrest, detain, or prosecute any protected
person, the President shall impose--
(1) the sanctions described in subsection (b) with respect
to any foreign person the President determines--
(A) has directly engaged in or otherwise aided any effort
by the International Criminal Court to investigate, arrest,
detain, or prosecute a protected person;
(B) has materially assisted, sponsored, or provided
financial, material, or technological support for, or goods
or services to or in support of any effort by the
International Criminal Court to investigate, arrest, detain,
or prosecute a protected person; or
(C) is owned or controlled by, or is currently acting or
purports to have acted, directly or indirectly, for or on
behalf of any person that directly engages in any effort by
the International Criminal Court to investigate, arrest,
detain, or prosecute a protected person; and
(2) the sanctions described in subsection (b)(2) with
respect to the immediate family members of each foreign
person who is subject to sanctions pursuant to paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection with respect to a foreign person described in
subsection (a) are the following:
(1) Property blocking.--The President shall exercise all of
the powers granted by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary
to block and prohibit all transactions in all property and
interests in property of any foreign person described in
subsection (a)(1) if such property and interests in property
are in the United States, come within the United States, or
are or come within the possession or control of a United
States person.
(2) Aliens inadmissible for visas, admission, or parole.--
(A) Visas, admission, or parole.--In the case of an alien
described in subsection (a), the alien is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--The visa or other entry documentation of
an alien described in subparagraph (A) shall be revoked,
regardless of when such visa or other entry documentation was
issued.
(ii) Immediate effect.--A revocation under clause (i)
shall--

(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the alien's possession.

(c) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out this section shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(d) Notification to Congress.--Not later than 10 days after
any imposition of sanctions pursuant to subsection (a), the
President shall brief and provide written notification to the
appropriate congressional committees regarding the imposition
of sanctions that shall include--
(1) a description of the foreign person or persons subject
to the imposition of such sanctions, including the foreign
person's role at or relation to the International Criminal
Court;
(2) a description of any activity undertaken by such
foreign person or persons in support of efforts to
investigate, arrest, detain, or prosecute any protected
person; and
(3) the specific sanctions imposed on such foreign person
or persons.
(e) Waiver.--
(1) In general.--The President may, on a case-by-case basis
and for periods not to exceed 90 days each, waive the
application of sanctions imposed or maintained with respect
to a foreign person under this section if the President
submits to the appropriate congressional committees before
the waiver is to take effect a report that contains a
determination of the President that the waiver is vital to
the national security interests of the United States.
(2) Contents.--Each report required by paragraph (1) with
respect to a waiver of the application of sanctions imposed
or maintained with respect to a foreign person under this
section, or the renewal of such a waiver, shall include--
(A) a specific and detailed rationale for the determination
that the waiver is vital to the national security interests
of the United States;
(B) a description of the activity that resulted in the
foreign person being subject to sanctions;
(C) a detailed description and list of actions the United
States has taken to stop the International Criminal Court
from engaging in any effort to investigate, arrest, detain,
or prosecute all protected persons; and
(D) a detailed description and list of actions the
International Criminal Court has taken to permanently close,
withdraw, end, or otherwise terminate any preliminary
examination, investigation, or any other effort to
investigate, arrest, detain, or prosecute all protected
persons.
(3) Form.--Each report required by paragraph by paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(f) Special Rule.--The President may terminate the
sanctions with respect to the foreign persons described in
subsection (a) if the President certifies in writing to the
appropriate congressional committees that the International
Criminal Court--
(1) has ceased engaging in any effort to investigate,
arrest, detain, or prosecute all protected persons; and
(2) has permanently closed, withdrawn, ended, and otherwise
terminated any preliminary examination, investigation, or any
other effort by the International Criminal Court to
investigate, arrest, detain, or prosecute all protected
persons.

SEC. 4. RESCISSION OF FUNDS FOR INTERNATIONAL CRIMINAL COURT.

(a) In General.--Effective on the date of the enactment of
this Act, any amounts appropriated for the International
Criminal Court and available for obligation as of such date
of enactment are hereby rescinded.
(b) Prohibition on Future Appropriations.--On and after the
date of the enactment of this Act, no appropriated funds may
be used for the International Criminal Court.

SEC. 5. DEFINITIONS.

In this Act:
(1) Admitted alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) Ally of the united states.--The term ``ally of the
United States'' means--
(A) a government of a member country of the North Atlantic
Treaty Organization; or
(B) a government of a major non-NATO ally, as that term is
defined by section 2013(7) of the American Service-Members'
Protection Act (22 U.S.C. 7432(7)).
(3) Appropriate congressional committees defined.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on the Judiciary of the
House of Representatives; and
(B) the Committee on Foreign Relations the Committee on
Banking, Housing, and Urban Affairs, and the Committee on the
Judiciary of the Senate.
(4) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(5) Immediate family member.--The term ``immediate family
member'', with respect to a foreign person, means the spouse,
parent, sibling, or adult child of the person.
(6) International criminal court; rome statute.--The terms
``International Criminal Court'' and ``Rome Statute'' have
the meaning given those terms in section 2013 of the American
Service-Members' Protection Act (22 U.S.C. 7432).
(7) Protected person.--The term ``protected person''
means--
(A) any United States person, unless the United States
provides formal consent to International Criminal Court
jurisdiction and is a state party to the Rome Statute of the
International Criminal Court, including--
(i) current or former members of the Armed Forces of the
United States;

[[Page H69]]

(ii) current or former elected or appointed officials of
the United States Government; and
(iii) any other person currently or formerly employed by or
working on behalf of the United States Government;
(B) any foreign person that is a citizen or lawful resident
of an ally of the United States that has not consented to
International Criminal Court jurisdiction or is not a state
party to the Rome Statute of the International Criminal
Court, including--
(i) current or former members of the Armed Forces of such
ally of the United States;
(ii) current or former elected or appointed government
officials of such ally of the United States; and
(iii) any other person currently or formerly employed by or
working on behalf of such a government.
(8) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.

The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the majority leader and the minority
leader, or their respective designees.
The gentleman from Florida (Mr. Mast) and the gentleman from
Massachusetts (Mr. McGovern) each will control 30 minutes.
The Chair recognizes the gentleman from Florida (Mr. Mast).

General Leave

Mr. MAST. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days to revise and extend their remarks and to
include extraneous material on this measure.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MAST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of the Illegitimate Court
Counteraction Act, a bill that I am proud to have worked on with my
colleague and friend, Chip Roy, a bill that sanctions International
Criminal Court officials and their families and anybody who is
assisting them.
Why? It is because they are targeting America's allies, who are right
now the front line of fighting to bring American hostages home from
Gaza.
America is passing this law because, on November 21, 2024, the
International Criminal Court's Pre-Trial Chamber issued warrants for
the arrest of Israeli Prime Minister Benjamin Netanyahu and Israel's
former Defense Minister, Yoav Gallant.
Let me explain that in a more detailed way. America is passing this
law because a kangaroo court is seeking to arrest the Prime Minister of
our great ally, Israel, who is not only responding to an enemy which
conducted a genocide, killing as many men, women, and children as
possible, even beheading some of them, on October 7, 2023, but an enemy
who still holds 100 hostages, scores of bodies of those that they
murdered, including 7 of my fellow Americans. Let me say that again.
Israel is the tip of the spear in bringing the fight to an enemy who
currently holds and has killed our fellow Americans.
Israel has conducted this war with as much restraint as war can
allow. In the face of horror, they have shown humanity. We know that
for Israel, any civilian dying is a tragedy, and we know that for Hamas
and the Palestinians who support them, civilians dying is quite
literally their strategy for victory.
Hamas' strategy uses hospitals and schools as bases for combat
operations. It is not that some fighter accidentally walked into a
hospital for 5 minutes carrying their machine gun. No, they build
hospitals and schools into fortified launching points for attack. In
clear violation of the laws of armed conflict, Hamas deliberately
targets civilians.
What the ICC is doing with their arrest warrants is legitimizing the
false accusations of Israeli war crimes in order to do something to
stop the overwhelming success of Israeli military operations.
Mr. Speaker, I don't care if a person is a terrorist in a cave or if
they are a lawyer in The Hague. If they are getting in the way of
bringing home our Americans or bringing home our allies who are, as we
speak in this very moment, bound, blindfolded, tortured, raped,
enslaved, starved, facing execution, if you are getting in the way of
bringing them home, then we will give you no quarter. We will certainly
not allow you to be welcomed to American soil.
Mr. Speaker, I reserve the balance of my time.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, first of all, let me thank the gentleman from Florida
for his opening and congratulate him on his new chairmanship. I hope
that there will be occasions where we can work together on issues that
will advance the cause of human rights and promote stability in the
world, but unfortunately, today is not one of those occasions.
Mr. Speaker, of all the ways that Republicans have shown this country
how messed up and backward their priorities are, I have to say that
this bill that we are debating today to sanction the International
Criminal Court, the ICC, really takes the cake.
We have a natural disaster unfolding in California right this second
as 100,000 people are fleeing a climate change-driven fire that is
burning up entire neighborhoods. We have a gun violence epidemic, as we
see massacres in our schools nearly every single day. Families are
unable to make ends meet because they are being ripped off by
billionaire corporations that don't care about anything but the bottom
line.
There are over 40 million hungry people in this country who don't
know where their next meal is going to come from. There are 40 million
hungry people in the richest country on Earth.
All those challenges and this is what the out-of-touch, elitist,
billionaire Republican Party wants to waste time on, sanctioning the
ICC.
I actually listen to people in my district, Mr. Speaker, and I ask
them what they want Congress to work on. Not once, never ever, have I
heard them talk about sanctioning the ICC as one of their priorities.
They talk about their bills. They talk about healthcare costs. The
farmers in my district talk to me about climate change. They talk about
global problems, but they don't talk about sanctioning the ICC.
Republicans think this is so very important, such an emergency, that
we have to debate it during the first week of Congress--during Jimmy
Carter's funeral, by the way, which is offensive considering his record
on actually standing up for human rights, which is the opposite of what
this bill does.
I would say to America, no, don't worry about climate change because
Republicans are going to sanction the janitors at the ICC. While they
are at it, they are going to rename the Gulf of Mexico. That is really
going to help people pay bills and keep the lights on.
All I can say, Mr. Speaker, is that this is not what America voted
for. This Republican majority is not what people asked for in the last
election. Maybe that is why Republicans lost multiple seats, because
they keep bringing up lousy bills like this one.

Nonetheless, let's talk about the matter at hand.
Mr. Speaker, the terror attacks on October 7 were unconscionable and
unacceptable. The victims on that dark day were overwhelmingly
civilians, 62 of whom are still being held illegally as hostages in
unknown circumstances. I would hope that every single Member of this
Chamber would demand their immediate and unconditional release.
It was an attack, I think, that rises to the level of war crimes and
crimes against humanity. That is the reason that the International
Criminal Court applied for arrest warrants against three Hamas leaders
in May 2024. No one seemed to criticize the ICC for that decision.
Now, Republicans want to sanction the ICC simply because they don't
want the rules to apply to everyone.
I want to be very clear here, Mr. Speaker. Prime Minister Netanyahu
has an absolute right to defend his people, but there is no
international right to vengeance, and what we are seeing in Gaza is
vengeance.
I mean, where is our humanity? Have we just given up on the idea of
human rights?
At least 45,000 people have been killed in the war in Gaza, and I
fear that number is much higher. Mr. Speaker, 85 percent of the people
there have been forcibly displaced, often repeatedly. Last September, a
group of

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physicians estimated 62,000 had died of starvation. Hospitals, schools,
mosques, churches, and libraries have all been destroyed.
Food is not getting in. Water is not getting in. Medicine is not
getting in. People are dying. Children are dying. Babies are dying,
some of them from the bombs, some from starvation, some from the cold.
The war has not shrunk. It expanded to Lebanon, where I hope the
recent truce continues to hold.
Mr. Speaker, I have sharply critiqued my own government for our
conduct when we have been at war because right is right and wrong is
wrong, no matter what side you are on.
What is going on in Gaza right now is wrong, and I especially call it
out because if we stand for freedom and human rights, then we need to
stand for freedom and human rights all the time, not just when it is
convenient.
That is why the nations of the world set up the International
Criminal Court in the first place. This is an institution designed to
make sure the horrors that we saw all too often in the 20th century do
not repeat themselves in the 21st century.

{time} 1000

We have international humanitarian law to prevent this kind and this
scale of destruction. Just because someone doesn't like the law doesn't
mean they get to break the law.
As a court of last resort, the ICC can only become involved when and
where a country has demonstrated unwillingness or inability to hold its
people to account for crimes within the ICC's jurisdiction. When the
warrants were issued, the ICC appealed to the Israeli courts to take up
and investigate these charges under their own jurisdiction. There is
still time for the Israeli courts to do that.
In fact, my understanding is that the Israeli Government is appealing
these arrest warrants at the ICC. Ironically, these sanctions could
actually undermine those efforts.
Mr. Speaker, I want the United States and Israel to have an amazing
relationship and friendship, but friendship means we tell the truth. It
means we hold ourselves and our allies to the same high standards.
I understand why people want vengeance. I have been to the region
that Hamas attacked. I have met with the families of hostages and the
victims of October 7 whose lives have been destroyed by what happened;
many, by the way, who are furious at Prime Minister Netanyahu for the
way he has conducted this war and for his failure to bring home their
loved ones.
I have met with people in my district who have been deeply impacted
by this horrific tragedy, including too many who are justifiably afraid
about the rise of anti-Semitism in this country and around the world.
The overwhelming majority of this Congress, Mr. Speaker, has voted to
support basically unlimited military assistance and offensive weapons
to Mr. Netanyahu, but even if someone approves of that military
assistance, they should vote against this bill.
I have long considered myself a friend of Israel. I have traveled
there. I believe Israelis deserve security. They deserve peace. They
deserve safety.
However, turning a blind eye to what is happening in Gaza and saying
that all these civilian casualties are somehow okay, in my opinion,
does not make Israel more safe. It makes Israel less safe, less secure.
Sanctioning and attacking the ICC is not only bad for Israel, but it
is bad for the United States. It is bad for the world.
Mr. Speaker, I urge a ``no'' vote on this bill, and I reserve the
balance of my time.
Mr. MAST. Mr. Speaker, I yield myself such time as I may consume.
We are the people's House. Let me translate what was just said: It is
not a priority for the people's House to do everything possible to get
our people home, to include getting in the way of those who are getting
in our way.
Mr. Speaker, I yield 4 minutes to the gentleman from Texas (Mr. Roy),
the genesis of and the lead sponsor of this legislation.
Mr. ROY. Mr. Speaker, I thank my friend from Florida, the chairman,
for his support on this legislation. I thank him for his statesmanship
on this particular issue, which is critically important for not just
our friendship with our ally, Israel, but also our own national
security, the protection of our own men and women in uniform.
Let's be clear about what is happening at the so-called International
Criminal Court right now. It has taken unprecedented action of issuing
arrest warrants for the sitting Prime Minister and former Minister of
Defense of our friend and ally, Israel. Let that sink in for a minute.
The International Criminal Court is an entity that has no
jurisdiction over the people of the United States and should have no
authority over our people, no authority over the Prime Minister of
Israel, yet it is extending into the people of Israel's business in
defending their interests against a violent attack by Hamas, which we
define as a terrorist entity. As the chairman just pointed out, Hamas
has killed American citizens and holds American citizens hostage as we
sit here today.
Somehow, it is not a priority for the people of our country that we
represent for us to be here on the floor of the House defending our men
and women in uniform, defending our citizens, defending our ally,
Israel, and the Prime Minister of Israel from a politicized witch hunt
by the International Criminal Court which, again, should have and
doesn't have any jurisdiction over our people or the people of Israel.
I would remind the gentleman from Massachusetts that 42 Democrats
voted for this legislation last year. If this is such a crazy piece of
legislation, perhaps the gentleman would like to have an inward-facing
conference on his side of the aisle. It is very clearly a bipartisan
interest to protect our people and the people of our friends in Israel.
I would note that our problems aren't just the dangerous terrorist
organizations like Hamas, but these international organizations given
power over our citizens and our way of life; not just the International
Criminal Court, but, for example, UNRWA and other international
organizations without which Hamas wouldn't have many of the resources
it needs to conduct these violent attacks on Israel and our own people.
When the gentleman from Massachusetts talks about the plight of the
people in Gaza, we should be reminded of the massive piles of pallets
of food and relief that are stacked up because the United Nations is
too incompetent to move those pallets and remind our friends of the
extent to which Hamas has been taking those resources and not
distributing them to the people in Gaza.
The fact of the matter here is, this legislation is inherently
America first. We have had situations where we have had American
soldiers and our people targeted by the ICC. It will happen again if
the House of Representatives and the Senate and the President don't
take action to sanction the ICC to prevent this from happening again in
the future.
I appreciate the support of the chairman. I appreciate the support of
virtually every Member on the Republican side of the aisle. I
appreciate the support of the 42 Democrats last summer. I look forward
to a larger amount of support from Democrats when we vote on this
today.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
First of all, to the gentleman from Texas, yeah, I don't know how the
vote on this will come out. I am sure some Democrats may vote for it.
Actually, on our side, we welcome debate, and we welcome ways to
improve the legislation. I am told that there were negotiations going
on to try to actually improve this legislation, and then the Speaker
made a unilateral decision to go with the most extreme version.
This was not marked up in committee, and there were no amendments to
this. It didn't come to the Rules Committee, so nobody can offer an
amendment, nobody can make a suggestion. It is take it or leave it. I
mean, I guess that is the way the Republicans are going to want to run
the House.
To the distinguished chairman of the committee, I think he must have
misinterpreted me. He said something like: This is the people's House,
so let me translate what the gentleman, meaning me, just said in my
opening remarks. He said bringing the hostages home should not be a
priority.
Now, I know I am from Massachusetts and you may have a tough time

[[Page H71]]

understanding my accent, but the bottom line is, that is not what I
said. In fact, I said very clearly that the taking of hostages is a war
crime. What I said very clearly is that the hostages should be released
immediately and unconditionally. I have said that over and over and
over again.
I don't think, like many of the families of the hostages have
expressed to me, that increased bombing is going to result in getting
their loved ones home. That is the message that many of them have
delivered to me personally when they have visited here in Washington.
Again, please don't kind of manipulate what I have said here today.
The taking of these hostages is horrific, and they must be released
immediately and unconditionally. I hope that nobody disagrees with
that.
Mr. Speaker, I reserve the balance of my time.
Mr. MAST. Mr. Speaker, what the gentleman did say very clearly was
that this legislation is not a priority, and this legislation is meant
to get in the way of those who are getting in our way from getting our
Americans home.
Mr. Speaker, I yield 2 minutes to the gentleman from Tennessee (Mr.
Burchett).
Mr. BURCHETT. Mr. Speaker, I thank the chairman and Mr. Roy for
bringing this important piece of legislation to us.
Let's be clear. H.R. 23 is very clear: The International Criminal
Court, the ICC, don't believe Israel has the right to defend itself
from terrorists or those that threaten to destroy Israel's way of life.
The United States and Israel are not members of the ICC for good
reason and without accident. Mr. Speaker, it is a dadgum sham court is
what it is. These decisions by the ICC are reckless, and they not only
put Israel at risk, they put Americans at risk as well.
The United States, with our new Congress and new administration, is
not going to put up with these international organizations putting us
and our allies in harm's way. Hamas chose war, and dadgummit, Hamas got
war.
The ICC prosecutor, Karim Khan, has made a parody of justice, and he
needs to find his place or we will help him find it. I know when I get
back to the office, I am going to get texts or contacts from people
saying that my AIPAC handler told me to do this, and I will probably
get my AIPAC handler in trouble, but I don't even know who the heck he
or she is.
The truth is, this is right. America should be on the side of the
right. Anyone standing in the way of this important piece of
legislation, I think, owes the American public an explanation and owes
especially your Jewish constituency an explanation.
I fully support H.R. 23, and I look forward to passing it here
shortly.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, again, I am going to respond to the chairman of the
committee. Yeah, we do disagree on the impact of this bill. I disagree
that this bill is going to do anything to get the hostages released.
Every time we have seen hostages released, it has been during a cease-
fire and not in the middle of intense bombing.
Again, as many families of the hostages have expressed to me
directly, they worry very much about the Prime Minister's continued
policy of all-in in terms of military attacks in Gaza because they
worry very much that it decreases the likelihood that their loved
ones will be freed. I reserve the balance of my time.

Mr. MAST. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from New York (Mr. Lawler), a patriot.
Mr. LAWLER. Mr. Speaker, I would note that the gentleman from
Massachusetts is talking about the Prime Minister.
What about the President of the United States?
We have seven Americans still being held hostage; four deceased,
three presumed living.
Where is Joe Biden? Where is the President of the United States to
make sure that American hostages are being brought home?
It is shameful the way this administration has allowed these hostages
to languish. They have not put adequate pressure on our allies. They
have failed miserably in their responsibility to get Americans home.
When, in fact, there have been cease-fires and when, in fact, hostages
have been released, Americans have not been released. It is shameful.
I rise in support of the Illegitimate Court Counteraction Act to
reimpose sanctions on officials working for the International Criminal
Court. This institution has continually abused its authority and
demonstrated blatant hostility toward our allies and American values,
as Israel has continued to defend itself against terrorists in the
Middle East, over the objections of this administration, by the way.
Let's be clear, Sinwar and Nasrallah would still be alive if
Netanyahu listened to this administration.
The ICC has joined the U.N. in showing a clear bias against Israel.
This culminated in the ICC seeking arrest warrants of the Prime
Minister and other members of his cabinet.
The Israelis have been working tirelessly for over a year to rescue
hundreds of hostages still held by Hamas and to defend their own people
from further attacks.

{time} 1015

The ICC's actions amount to a little more than a political smear
campaign cloaked in a veneer of international law. This pattern of
behavior from the ICC is not new. This is the same body that has
repeatedly targeted the United States and our servicemembers,
attempting to investigate and prosecute Americans who have risked their
lives to defend our freedom around the world.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. MAST. Mr. Speaker, I yield an additional 1 minute to the
gentleman from New York.
Mr. LAWLER. Mr. Speaker, I urge my colleagues to support this
critical measure and ensure that the U.S. remains steadfast in
defending our allies, protecting our existence, and upholding the
tenets that have long defined our leadership on the world stage.
Mr. McGOVERN. Mr. Speaker, I say to the gentleman, that was a great
speech for social media, but it will do nothing to get the hostages
released, just like this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. MAST. Mr. Speaker, may I inquire as to the time remaining.
THE SPEAKER pro tempore. The gentleman from Florida has 18 minutes
remaining. The gentleman from Massachusetts has 19 minutes remaining.
Mr. MAST. Mr. Speaker, I would remind everybody that every time my
colleagues across the way rise, they rise to oppose legislation that
would get in the way of those getting in our way of bringing Americans
home. That is what they are standing against. That is what they are
rising against.
Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr.
McClintock).
Mr. McCLINTOCK. Mr. Speaker, the unprovoked and barbaric attack on
Israeli civilians on October 7 presented Israel with a fundamental
moral obligation to annihilate the forces that had unleashed such
depravity.
Ironically, the United Nations was conceived in the aftermath of the
Holocaust, precisely to stand behind the civilized nations of the world
when the forces of evil threatened.
Tragically, it has become grotesquely perverted. UNRWA's staff
actively participated in the attack of October 7, and its ICC has now
become a kangaroo court, waging lawfare against Israel's wartime
leaders.
The ICC has thus made a mockery of every hope and dream that gave
birth to the United Nations and has declared by its own obscene acts to
be, itself, a threat to world peace, international order, and the rule
of law.
I wholeheartedly support this bill, sanctioning anyone who gives it
aid and comfort in pursuing its twisted agenda.
Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
Mr. MAST. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Weber).
Mr. WEBER of Texas. Mr. Speaker, I rise in strong support of my
fellow Texan calling for sanctions on the International Criminal Court
officials who dare to target U.S. citizens or our allies, especially
our ally, Israel.
Mr. Speaker, the ICC is nothing more than a kangaroo court. Their
absolute

[[Page H72]]

blind obsession in pursuing Prime Minister Benjamin Netanyahu
notwithstanding Hamas' unspeakable atrocities reveals the ICC's true
loyalties. Their actions signal a dangerous complicity with terrorist
groups, like Hamas, as well as others I might add.
The ICC's ignorance of reality disqualifies them from passing
judgment on those defending themselves against pure evil. I can't say
that strongly enough: against pure evil. It is that pure and simple.
The ICC doesn't get it.
I have been to Israel since the horrific October 7 attacks, Mr.
Speaker. On the other hand, the ICC has not only not witnessed
firsthand, as I have, the devastation and terror inflicted on innocent
lives, they have not been there.
Our message is clear: The ICC is a disgrace. It is a sham, and its
officials need to find real jobs. They have no authority to target
Americans or our allies, especially Israel, and we won't stand for it,
Mr. Speaker.
Mr. Speaker, I look forward to passing this bill and encouraging the
Senate to pass it in time for President Trump to sign it on day one.
Mr. McGOVERN. Mr. Speaker, I reserve the balance of my time.
Mr. MAST. Mr. Speaker, I yield 2 minutes to the gentleman from
Arizona (Mr. Biggs).
Mr. BIGGS of Arizona. Mr. Speaker, neither the United States nor
Israel recognize the legitimacy of the ICC. We are not members. The ICC
has no authority to violate the sovereignty of either of those nations.
This bill is essential for protecting American citizens,
servicemembers, our allies, especially Israel, from these politically
motivated, punitive prosecutions by the ICC.
Israel and its leaders have an inherent right to defend themselves
against these terrorist attacks that occurred from Hamas, and they get
to also attempt to rescue these hostages, but the ICC's attempts to
interfere with Israel's self-defense and issue arrest warrants for the
Prime Minister of Israel, Benjamin Netanyahu, and their minister of
defense, undermines justice.
As the only Member of Congress who actually attended the Rome
Conference that formulated the ICC document in the summer of 1998, I
can attest that the ICC is hopelessly biased and is illegitimate. It
claims authority it does not have. It attempts to claim jurisdiction
and issue sanctions against Israel as we could have predicted, and many
of us did who were at that conference watching this ICC form.
The ICC is an institution without a mandate from the international
community, and the ICC must understand that the United States will not
allow its overreach to harm U.S. citizens or our allies.

Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, just for the record, I just want the record to reflect
that I remember hearing widespread support from many of my Republican
colleagues when the ICC issued a warrant against Vladimir Putin for the
kidnapping of Ukrainian children, as well as when they issued a warrant
against Bashir for genocide in Sudan.
I guess what we are hearing here is that we want to pick and choose
on their side how we are going to react to the ICC based on what they
do. I mean, the bottom line is this is the beginning of a process. It
is not the end of a process.
This bill will do nothing to help get the release of our hostages,
including those Americans who are held hostage, and it will isolate us
within the world community, especially with many of our allies.
Mr. Speaker, I reserve the balance of my time.
Mr. MAST. Mr. Speaker, I remind my friends across the aisle that
Americans are being held and tortured. Get with the American team, and
get in the way of those that are getting in our way.
Mr. Speaker, I yield 2 minutes to the gentleman from Ohio (Mr.
Miller).
Mr. MILLER of Ohio. Mr. Speaker, it is very clear that the gentleman
from Massachusetts is well out of his depth when it comes to military
warfare and how to conduct an operation. I will let that speak for
itself.
Mr. Speaker, I rise today in strong support of this legislation. In
November of 2024, the International Criminal Court issued arrest
warrants for Israeli Prime Minister Benjamin Netanyahu and former
Israeli Defense Minister Yoav Gallant on baseless and reprehensible
charges of war crimes and crimes against humanity.
These charges are not only morally indefensible, but a blatant bias
of justice. Israel does not deliberately target civilians as terrorists
harbor them in mosques, churches, in schools, hospitals, and so many
more. The Israeli Government has taken unprecedented steps to minimize
civilian harm during conflicts, a commitment that is unparalleled by
any other nation facing terrorists.
The acquisition that Israel uses starvation as a weapon of war is a
blatant lie, ignoring the immense humanitarian aid Israel has provided
to Gaza despite ongoing attacks.
This illegitimate attack on Israel emboldens terrorist organizations
like Hamas. Both President Biden and President Trump have rightly
condemned these charges, recognizing their destructive implications.
This critical legislation, which has previously passed this body with
strong bipartisan support sends a clear and unequivocal message: The
United States will not tolerate the ICC's abuse of power against our
allies or our citizens.
Once again, the ICC has no jurisdiction over the United States of
America or the people of Israel. They need to call this what it is:
anti-Semitism. That is what this is. That is what the ICC is going
after, and that is what you are condoning, from the gentleman from
Massachusetts, and I see the support on the other side of the aisle
with all your colleagues sitting next to you fighting right alongside.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, two things to the gentleman who just spoke: The reason
why my colleagues are not here is because the Republicans scheduled
this debate during President Carter's funeral, which I find to be
incredibly disappointing given President Carter's stature in this
country and his commitment to human rights.
To the chairman of the committee, I was a little bit startled when he
said get with the American team; because we have a disagreement, that
somehow I am not with the American team. Last time I checked, we are
still a democracy, at least for the time being. You can have
disagreements on this issue, and we can still respect each other's
point of view.
If I thought for one second that this bill that we are debating today
would help get the release of the hostages and the American hostages, I
would be with you, but it won't. It complicates things even further,
and it isolates us in the world community at a time, quite frankly,
when we need allies, and we need everybody working to try to resolve
the conflict in the Middle East, to get all the hostages released, to
ensure that Israel has its security, and to ensure that the
Palestinians have a future, as well.
Mr. Speaker, I reserve the balance of my time.
Mr. MAST. Mr. Speaker, the gentleman across the aisle is right. We
need everybody working to get hostages home to get this resolved. That
means not giving an iota of recognition to kangaroo courts, like the
ICC, who are trying to prevent Israeli military success, who are
conducting their brand of anti-Semitism against Israeli leaders,
preventing Americans and our allies from being returned home.

Again, Israel is the tip of the spear in bringing American hostages
home, and anybody who gets in their way is getting in our way.
Mr. Speaker, may I inquire as to how much time is remaining.
THE SPEAKER pro tempore (Mr. Bost). The gentleman from Florida has 10
minutes remaining. The gentleman from Massachusetts has 16\1/2\ minutes
remaining.
Mr. MAST. Mr. Speaker, since I have 10 minutes remaining, I am going
to sit here in silence for 2 minutes and see if my colleague from Texas
shows up.
THE SPEAKER pro tempore. The gentleman must remain behind the mike.
Mr. MAST. Mr. Speaker, that is a good lesson. Thanks. I will remain
standing here.
Mr. Speaker, it appears we will have no more speakers, and I reserve
the balance of my time.

[[Page H73]]

Mr. McGOVERN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, as I close debate, I want to reiterate my opposition to
this misguided legislation. The International Criminal Court exists to
hold the world accountable to prevent atrocities and to serve as a
reminder that no one is above the law.
Abandoning the ICC, as H.R. 23 proposes, undermines our values,
undermines our alliances, and undermines our credibility on the world
stage.
This is a moment to reaffirm our commitment to human rights, to
international law, and to the partnerships that have defined American
leadership, and this bill fails that test.
By sanctioning officials of the ICC and anyone who has done business
with them, this bill would have a chilling effect on America's work to
support human rights and rule of law around the world.
It would hamper the ICC's efforts to prosecute serious atrocities
that have wrecked lives and destabilized countries in many places
around the world, from Ukraine to Uganda to Darfur.
NGOs would be chilled from sharing evidence of the grave crimes
committed in these places. Many of us celebrated in March of 2023 when
the ICC judges issued arrest warrants for Vladimir Putin and another
senior Russian official for abducting thousands of Ukrainian children.

{time} 1030

Mr. Speaker, Congress even passed legislation to enable the United
States to provide financial support to and share information with the
ICC to investigate and prosecute Putin and his regime for his heinous
crimes in Ukraine. The bill we are considering today would undermine
that work and rob it of its legitimacy.
If passed, this misguided legislation would bluntly curtail our
ability to engage the ICC, to advance our interests in supporting
justice and accountability, and, crucially, to share relevant
information with our partners and allies.
Speaking of our allies, this bill is so absurdly broad that it would
sanction our own allies. Read the bill. Our allies would be sanctioned
for supporting the ICC if this were to pass.
The largest funders of the ICC are America's closest allies: the
U.K., France, Germany, Italy, Japan. As drafted, the leaders of these
countries would be sanctioned for providing material assistance to the
ICC. That is truly nuts. It doesn't make any sense to me.
The legislative bodies of these countries could also be sanctioned
for appropriating funds for the ICC. By some interpretations,
interparliamentary travel to Europe could become a sanctionable
activity.
Did anybody think this through? Is sanctioning the leaders of our
closest friends and allies really the best we can do here?
Not only that, this sanctions over 900 members from approximately 100
countries at the court, from judges and prosecutors to administrative
staff, including nationals of close U.S. allies and partners who
collectively work to prosecute war criminals all around the globe.
The language in this bill is so broad that even cafeteria workers and
janitors and their families could be construed as having supported or
``materially assisted'' in these prosecutions by providing services to
the ICC. This is nuts.
Mr. Speaker, what would happen next? I can tell you. American
companies would be banned from doing business with the ICC if its top
officials are sanctioned, and their Chinese competitors would rush in
to fill the gap. Not only does this undermine America's interests, but
it bolsters Russia and helps China.
Mr. Speaker, this is a bad bill. Not only is it a bad bill, but
nobody had any opportunity at all to amend it. This has been brought to
the floor under a completely closed process. We can't address all the
faults that I have just outlined. We can't address them because of the
way this majority is bringing this bill to the floor. Zero amendments
are allowed because Republicans brought it up under a closed rule--
again, another wasted opportunity.
Mr. Speaker, we can do better. In my opinion, behind-the-scenes
diplomacy with the International Criminal Court, alongside our
partners, is far more likely to yield a result than the approach put
forward by this bill.
Mr. Speaker, I oppose this legislation, and I urge my colleagues to
oppose this legislation. I reserve the balance of my time.
Mr. MAST. Mr. Speaker, the statement of the gentleman from the other
side is as untrue now as it was when he gave the same speech a few
months ago on this very floor.
I would say the message is clear to everybody: Don't get in America's
way as we are trying to work with our allies to get our Americans home
and our allies home.
Mr. Speaker, I yield 2 minutes to the gentleman from Texas (Mr.
Jackson).
Mr. JACKSON of Texas. Mr. Speaker, I thank the gentleman for yielding
time.
Mr. Speaker, on October 7, 2023, Hamas terrorists brutally murdered
and kidnapped hundreds of innocent Israelis. Over a year later, Hamas
still holds hostages--some dead but many alive.
In response to these truly horrific attacks, Israel has defended
itself from Hamas and other Iranian terrorist proxies.
I would have expected the international community to unequivocally
condemn these barbaric terrorist attacks by Hamas and support Israel's
fight for survival. However, corrupt international organizations like
the International Criminal Court have issued arrest warrants against
Israeli officials for simply trying to defend themselves and defend
their country.
The ICC's anti-Semitism speaks volumes. This is an unacceptable
attack against our greatest ally, and the United States must make it
clear that those who participate in these illegitimate prosecutions
from the ICC are subject to the strongest possible sanctions.
America needs leadership, and this is where we need it. Mr. Speaker,
I urge my colleagues on both sides of the aisle to stand with Israel
and to vote for H.R. 23.
Mr. McGOVERN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, if the United States of America stands for anything, we
need to stand out loud and foursquare for human rights. That means we
have to hold ourselves accountable, our allies accountable, and our
adversaries accountable when they don't live up to those standards.
The International Criminal Court is there to hold countries
accountable and to hold entities accountable when they commit human
rights crimes. They are there to investigate, and they are there to
prosecute.
For us in Congress to get involved in sanctioning the ICC because we
don't like the fact that they are pointing out some of the serious
issues in Gaza committed by one of our closest allies, for us to
sanction them because of that, undermines the court, undermines our
credibility in the world, and undermines our credibility on human
rights. Why would we do that?
This bill does nothing to help get the hostages released. It does
nothing at all. Again, let me be clear: All of us should be saying as
loudly as we possibly can that all the hostages should be released
immediately and unconditionally. They have arrest warrants out for the
leadership of Hamas precisely because of what happened on October 7.
The ICC wants to hold them accountable.
What we are doing here doesn't make any sense to me. It doesn't make
any sense to me. Again, the bill as it is written is so flawed. If it
went through regular order, if you brought it to the Rules Committee
and we made a few amendments in order, we might be able to fix some of
the flaws I pointed out.
Instead, keeping to the tradition of this Republican leadership,
which oversaw the closest Congress in the history of the United States
in the last session, I guess we are going to expect more of the same--
take it or leave it, my way or the highway.
This is about a sound bite, I guess, more than it is about trying to
achieve peace in the Middle East, trying to get the release of our
hostages, or trying to uphold a high standard of human rights. I find
this really disappointing. I really do.
Again, I said at the opening of my statement to the new chairman that
I

[[Page H74]]

hope we can find areas where we can work together to help improve the
quality of life for people all around the world. This bill is not going
to do that.
I think we can do so much better here. This is not about whether you
support Israel or not. This is a whole different discussion that we are
having here today. This is about whether you want to delegitimize the
International Criminal Court, a court, by the way, which many
Republicans supported when it went after al-Bashir in Darfur and Putin
for kidnapping children.
Again, we are entering a very dangerous time when we are bringing
legislation to the floor to demagogue issues rather than to be
constructive. We have to take a deep breath around here because some of
the stuff that has come to this floor is really beneath this
institution.
Again, I regret that we are doing this here today. I urge everybody,
and I hope some of my Republican colleagues will join with us, to
oppose this legislation. We can do better. We need to do better.
Mr. Speaker, I yield back the balance of my time.
Mr. MAST. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this bill sends an incredibly important message across
the globe when we make this law: Do not get in the way of America or
our allies trying to bring our people home. Do not get in our way. You
will be given no quarter. Again, you will certainly not be welcomed to
American soil.
This bill is even more urgent today than when it was first passed
back in June of last year. In June, the ICC's prosecutor had only just
requested warrants. The warrants had not yet been issued or approved.
There was still time for the ICC to abandon this shameful effort.
Instead, the ICC's attempt to obstruct Israel's right to defend itself
has only prolonged the war and prevented the release of American
hostages by boosting the morale of Hamas. If you are boosting the
morale of Hamas, you are on the other team.
In November, the ICC's Pre-Trial Chamber approved the arrest
warrants. We have to pass this bill today to prevent this travesty from
moving any further and to deter any more illegitimate actions by this
kangaroo court to halt or stall the military success of our allies
trying to bring hostages home, American, Israeli, and others.
Mr. Speaker, for that reason, I call on every single one of my
colleagues to put America first by voting for this legislation today,
and I yield back the balance of my time.

Mr. GREEN of Texas. Mr. Speaker, and still I rise. I rise today as a
proud American and a staunch believer in the noble ideals this country
was founded upon. This country, which was built on the idea of equality
and justice, today is a leader on the world stage that can boast of its
commitment and success in spreading these values. We have established a
world order based on the rule of law, a commitment to advancing human
rights, and deference to international institutions.
Yet, flagrantly contravening all of these principals, the House of
Representatives has before it a bill that would punish the
International Criminal Court (ICC) as it seeks justice for the
Palestinean people. This legislation explicitly imposes sanctions on
the ICC for ``any effort to investigate, arrest, detain, or prosecute
any protected person of the United States and its allies''.
I love my country, and I truly believe that at our core, Americans do
want global peace. For this reason, I staunchly oppose these efforts to
undermine the international order merely because the agents of that
order are taking legal action against one of our allies. Many of our
closest allies are intimately involved with the funding and proceedings
of the ICC, meaning they would be exposed to the sanctions created by
this bill. This includes many of the United States' closest allies,
such as Germany, France, Japan, and the United Kingdom, where the
current Chief Prosecuter of the ICC is from.
This partisan bill is evidently not concerned about protecting all
American allies, who would face severe sanctions should this
legislation pass into law, but rather one American ally in particular.
While Palestinians in Gaza continue to endure the most dire of
circumstances and as their death toll for children only continues to
tick upward, this Congress is instead intent on protecting Israeli
politicians from scrutiny at the expense of maintaining the
international order at large that we helped establish. I continue to
ask for mercy for the Palestinian people and hope that all people of
the region, both Israeli and Palestinian, receive the justice that they
deserve.
Mr. SMITH of New Jersey. Mr. Speaker, I wish to underscore my strong
support of H.R. 23, the Illegitimate Court Counteraction Act, and
highlight the immediate need to sanction the International Criminal
Court (ICC) for its dangerous abuse of power and for the United States
to repudiate these actions.
The ICC's outrageous issuance of arrest warrants for Prime Minister
Netanyahu and Minister Gallant is a grotesquely bad decision by a court
that is corrupted by blatant antisemitism.
Israel's right to defend itself from this brutal invasion is
absolute. Israeli Prime Minister Benjamin Netanyahu has said in the
past that he would never allow a second holocaust--nor should we.
Antisemitism is at the root of Hamas violence against Israel and
every Jewish man woman, and child, and is explicitly expressed in
Hamas' 1988 Charter which demands the absolute destruction of the state
of Israel and proclaims: ``Israel will exist and will continue to exist
until Islam will obliterate it.''
In its 2017 charter, Hamas reiterates its goal of wiping Israel off
the face of the earth: ``There is no alternative to a fully sovereign
Palestinian State on the entire national Palestinian soil, with
Jerusalem as its capital.''
Mr. Speaker, the ICC's actions support Hamas' explicitly antisemitic
and genocidal campaign of terror against Israel, and Congress must
respond in the most forceful way possible.
The ICC is a rogue actor on the world stage, and the United States
must have a more effective long-term approach for how to respond to it.
Their latest action is a further manifestation of the same
antisemitism that is rampant at the United Nations and related
international organizations. Last Congress alone, I chaired four
congressional hearings on how they are absolutely infiltrated by
antisemitic personnel who on a daily basis go after Israel with such
cruelty.
Israel needs the ability to defend itself--and they need friends and
partners who will stand beside them.
It is long-past time the United States held international
organizations accountable for their antisemitism and their corruption.
Furthermore, it is incumbent upon the United States to use its full
voice to support Israel and ensure international organizations and
venues are not used to promote antisemitism and the persecution of the
Jewish people, and encourage our allies to do the same.
I thank Congressman Roy for introducing this legislation,
underscoring this House's resolve to stand by an ally.
I urge my colleagues to support H.R. 23.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 5, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MAST. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.

____________________