HR23-119

What This Bill Does

The Illegitimate Court Counteraction Act responds to International Criminal Court actions involving Israel and to perceived risks to U.S. and allied personnel. The findings state that the United States and Israel are not parties to the Rome Statute, condemn ICC Prosecutor Karim Khan's May 20, 2024 arrest-warrant applications for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, condemn the November 21, 2024 ICC Pre-Trial Chamber warrants, and cite the American Servicemembers' Protection Act. If the ICC attempts to investigate, arrest, detain, or prosecute a protected person, the President must impose sanctions within 60 days and on an ongoing basis against foreign persons who directly engage in, aid, materially support, finance, sponsor, provide goods or services for, or act for persons involved in those ICC efforts. Sanctions include IEEPA property blocking, visa inadmissibility, visa revocation, and entry-document cancellation. Immediate family members of sanctioned foreign persons are also barred from U.S. admission. The bill rescinds any available U.S. appropriations for the ICC, prohibits future appropriated funds for the ICC, and defines protected persons to include U.S. citizens, lawful permanent residents, current or former U.S. Armed Forces members, U.S. officials and employees, and comparable citizens or lawful residents of NATO or major non-NATO allies that have not consented to ICC jurisdiction.

Who Benefits and How

U.S. Armed Forces members, former U.S. servicemembers, U.S. elected officials, U.S. appointed officials, U.S. government employees, Israeli officials, Israeli military personnel, NATO ally officials, major non-NATO ally officials, Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and U.S. allies not party to the Rome Statute benefit from a sanctions shield that raises the cost of ICC action against protected persons.

Who Bears the Burden and How

ICC Prosecutor Karim Khan, ICC officials working on protected-person cases, ICC staff aiding covered investigations, foreign persons materially supporting covered ICC efforts, organizations financing covered ICC efforts, immediate family members of sanctioned foreign persons, the International Criminal Court, banks holding blocked property, visa applicants tied to sanctioned persons, and State Department consular staff must comply with property blocking, transaction bans, inadmissibility, visa revocation, family-member entry bars, funding rescission, and sanctions-administration work. Sanctioned people lose access to U.S. visas and U.S.-linked property, banks must block transactions, consular offices must cancel entry documents, and the ICC loses any available or future U.S. appropriated funding.

Key Provisions

• Requires the President to impose sanctions within 60 days when the ICC attempts to investigate, arrest, detain, or prosecute a protected person.
• Blocks property and transactions of foreign persons involved in or supporting covered ICC efforts.
• Bars sanctioned foreign persons and their immediate family members from U.S. admission and visa benefits.
• Rescinds available U.S. appropriations for the International Criminal Court.
• Prohibits future appropriated U.S. funds from being used for the International Criminal Court.
• Defines protected persons to include U.S. persons and citizens or lawful residents of NATO and major non-NATO allies that have not consented to ICC jurisdiction.