Senate democrats block ICC sanctions bill over Netanyahu warrant
3 Min Read
The ICC’s decision to target Netanyahu had sparked backlash from both Republicans and Democrats.
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Israeli Prime Minister delivers a controversial address to a joint session of Congress in Washington, on July 24, 2024. (AFP via Getty Images)
Senate Democrats voted to filibuster a GOP-led bill aimed at sanctioning International Criminal Court (ICC) officials in response to the ICC issuing arrest warrants for top Israeli officials.
The bill was aimed at punishing the ICC for issuing arrest warrants for top Israeli officials.
The warrants, issued last year, were for Israeli Prime Minister Benjamin Netanyahu, and his former Security Minister Yoav Gallant over war crimes and crimes against humanity in Gaza.
At the time, "Israel" attempted to challenge the ICC's decision by submitting a direct appeal to the Court’s Appeals Chamber, contesting the Pre-Trial Chamber I’s rejection of "Israel's" jurisdictional challenge under Article 19(2) of the Rome Statute.
However, ICC Prosecutor Karim Khan clarified that the decision does not constitute a ruling "with respect to jurisdiction" and, as such, is not subject to direct appeal under Article 82(1)(a) of the Statute.
The big picture
Senate Majority Leader John Thune criticized the ICC’s action, calling it "beyond the pale" to draw a "moral equivalency" between Israeli leaders and Hamas.
Democrats were cautious, knowing Republicans would frame votes against the bill as anti-"Israel". After deliberations, only Senator John Fetterman of Pennsylvania voted in favor. The bill ultimately failed, with a 54-45 vote, falling short of the 60 votes needed to advance.
Fetterman defended his vote, stating, “I don’t know why anyone wouldn’t want to vote for this and support Israel.” Two other Democratic freshmen, Senators Elissa Slotkin of Michigan and Ruben Gallego of Arizona, who had supported similar measures in the House, voted against it. Senator Jon Ossoff, who is up for reelection in Georgia, did not cast a vote.
Senator Jeanne Shaheen, a leading Democrat on the Senate Foreign Relations Committee, had attempted to negotiate a compromise with Republicans, but those talks broke down before the vote. She, along with Senators Chris Coons of Delaware and other Democrats facing reelection, announced their opposition to the bill.
Senate Minority Leader Chuck Schumer, in his remarks before the vote, called the bill "poorly drafted and deeply troublesome," criticizing Republicans for not amending the bill to gain Democratic support. Schumer announced he would vote against it as well.
The ICC’s decision to target Netanyahu had sparked backlash from both Republicans and Democrats. The same sanctions bill passed the House earlier this month by a 243-140 vote, with 45 Democrats siding with Republicans. It had previously passed the House in the last session of Congress by a 247-155 vote but was not voted on in the Senate when it was under Democratic control. Now, with Republicans controlling both chambers, the bill was reintroduced.
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