Illegitimate Court Counteraction Act

Bill Number

H.R. 23

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

International Affairs

Status

Passed House

Latest Action

2025-01-28: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 22. (CR S410)

Last Updated

2026-07-11T03:08:24Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Illegitimate Court Counteraction Act," aims to protect United States personnel and officials of U.S. allies from investigations, arrests, detentions, or prosecutions by the International Criminal Court (ICC). The ICC is an international tribunal established by the Rome Statute to prosecute serious crimes like genocide and war crimes. The legislation declares such ICC actions illegitimate when targeting non-member states like the U.S. and Israel, and it seeks to deter the ICC through sanctions and funding cuts.

Key Provisions

• Findings: The bill outlines Congress's view that the U.S. and Israel lack jurisdiction under the ICC because they are not parties to the Rome Statute. It strongly condemns specific ICC actions, such as arrest warrants issued in 2024 for Israeli leaders Benjamin Netanyahu and Yoav Gallant. It references the 2002 American Servicemembers' Protection Act (ASPA), which protects U.S. personnel from the ICC, and extends concerns to U.S. allies.

• Sanctions on the ICC:
• Within 60 days of enactment (and ongoing), the President must impose sanctions if the ICC targets "protected persons" (defined below).
• Targets include foreign persons (non-U.S. individuals or entities) who aid, support, or are controlled by those involved in ICC efforts against protected persons.
• Sanctions include:
• Blocking all U.S.-based property and transactions (using powers from the International Emergency Economic Powers Act, or IEEPA, which allows the President to control economic dealings during national emergencies).
• Making sanctioned individuals and their immediate family members (spouse, parents, siblings, or adult children) ineligible for U.S. visas, entry, or immigration benefits; existing visas are revoked immediately.
• Penalties for violations match those under IEEPA, including fines and imprisonment.
• The President must notify Congress within 10 days of imposing sanctions, detailing the targets and their roles.

• Waivers and Termination:
• The President can waive sanctions case-by-case for up to 90 days if vital to U.S. national security, but must report to Congress with justifications, including U.S. efforts to stop ICC actions and any ICC responses.
• Sanctions end if the President certifies that the ICC has fully stopped and closed all relevant investigations or efforts.

• Funding Restrictions:
• Immediately rescinds any U.S. funds already allocated to the ICC.
• Prohibits all future U.S. appropriations (government spending) for the ICC.

• Definitions:
• Protected Person: U.S. citizens, military members, officials, or government employees (unless the U.S. joins the ICC); plus similar personnel from U.S. allies (e.g., NATO members or major non-NATO allies like Israel) that are not ICC members.
• Other terms clarify "foreign person" (non-U.S. entities/individuals), "ally of the United States," and congressional oversight committees.

Significant Changes to Existing Law

• Builds on the 2002 ASPA, which already authorizes the President to protect U.S. personnel from the ICC through measures like freeing detained Americans. This bill expands ASPA by explicitly including U.S. allies' personnel and mandating automatic sanctions against ICC supporters, rather than leaving actions discretionary.
• Introduces a new, targeted sanctions regime under IEEPA specifically for ICC activities, with family member extensions and strict waiver requirements—unlike broader IEEPA uses for other foreign policy goals.
• Adds a permanent ban on U.S. funding to the ICC, going beyond prior temporary restrictions.

Potential Impacts

• On Government Agencies: The State Department, Treasury Department, and intelligence agencies will handle sanction implementation, visa revocations, and congressional reporting, increasing administrative workload. The President gains expanded foreign policy tools but faces oversight limits.
• On Citizens: U.S. military, officials, and employees (and those of allies) gain stronger shields from ICC actions, potentially reducing risks during international operations. However, U.S. citizens or residents aiding the ICC could face indirect effects if linked to sanctioned foreigners.
• On International Relations: Could strain ties with the 124 ICC member states (e.g., European allies), as sanctions target their nationals involved with the ICC. It bolsters support for non-ICC allies like Israel and NATO partners, but may escalate U.S.-ICC tensions, affecting global human rights diplomacy and cooperation on international crimes.

Main Stakeholders Affected

• U.S. Government and Personnel: Military members, elected/appointed officials, and employees protected from ICC jurisdiction.
• U.S. Allies: Governments and personnel from NATO countries or major non-NATO allies (e.g., Israel, Taiwan), who benefit from extended protections.
• International Criminal Court: Officials, staff, and supporters (e.g., prosecutors, judges) face potential asset freezes, travel bans, and family impacts if aiding investigations of protected persons.
• Congressional Committees: Foreign Affairs/Relations, Financial Services/Banking, and Judiciary committees in the House and Senate, responsible for oversight and notifications.
• Foreign Persons and Entities: Non-U.S. individuals or groups supporting ICC actions, including potential impacts on their U.S. business or travel.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on established IEEPA authority for economic sanctions, which courts have generally upheld for foreign policy. However, it could face challenges in international law for interfering with the ICC's independence, though the U.S. is not bound by the Rome Statute.
• Constitutional: Affirms executive branch power in foreign affairs (sanctions and waivers) while requiring congressional notifications, balancing separation of powers. No direct constitutional issues noted, but waivers tied to national security echo broad presidential discretion.
• Political: Reinforces U.S. non-participation in the ICC, signaling strong bipartisan opposition to its actions against allies (e.g., Israel). It may polarize global views, portraying the U.S. as prioritizing sovereignty over international accountability, potentially influencing alliances and human rights debates.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Roy, Chip [R-TX-21]

Cosponsors (38)

Rep. Mast, Brian J. [R-FL-21], Rep. McCaul, Michael T. [R-TX-10], Rep. Crenshaw, Dan [R-TX-2], Rep. Higgins, Clay [R-LA-3], Rep. Fleischmann, Charles J. "Chuck" [R-TN-3], Rep. Finstad, Brad [R-MN-1], Rep. Cline, Ben [R-VA-6], Rep. Biggs, Andy [R-AZ-5], Rep. Arrington, Jodey C. [R-TX-19], Rep. Houchin, Erin [R-IN-9], Rep. Crane, Elijah [R-AZ-2], Rep. Tenney, Claudia [R-NY-24], Rep. Self, Keith [R-TX-3], Rep. Jackson, Ronny [R-TX-13], Rep. Miller, Max L. [R-OH-7], Rep. Feenstra, Randy [R-IA-4], Rep. Wilson, Joe [R-SC-2], Rep. Buchanan, Vern [R-FL-16], Rep. Ellzey, Jake [R-TX-6], Rep. Hunt, Wesley [R-TX-38], Rep. Van Duyne, Beth [R-TX-24], Rep. Langworthy, Nicholas A. [R-NY-23], Rep. Rose, John W. [R-TN-6], Rep. Sessions, Pete [R-TX-17], Rep. Kean, Thomas H. [R-NJ-7], Rep. Womack, Steve [R-AR-3], Rep. Gill, Brandon [R-TX-26], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Green, Mark E. [R-TN-7], Rep. McCormick, Richard [R-GA-7], Rep. Lawler, Michael [R-NY-17], Rep. Barrett, Tom [R-MI-7], Rep. Jack, Brian [R-GA-3], Rep. Gooden, Lance [R-TX-5], Rep. Barr, Andy [R-KY-6], Rep. Cloud, Michael [R-TX-27], Rep. Guest, Michael [R-MS-3], Rep. McGuire, John [R-VA-5]

Recent Actions

• 2025-01-28: Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 22. (CR S410) (Roll call 22)
• 2025-01-23: Cloture motion on the motion to proceed to the measure presented in Senate. (CR S307)
• 2025-01-23: Motion to proceed to consideration of measure made in Senate. (CR S307)
• 2025-01-13: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 3.
• 2025-01-09: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
• 2025-01-09: Motion to reconsider laid on the table Agreed to without objection.
• 2025-01-09: On passage Passed by the Yeas and Nays: 243 - 140, 1 Present (Roll no. 7). (text: CR H67-69) (Roll call 7)
• 2025-01-09: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 243 - 140, 1 Present (Roll no. 7). (text: CR H67-69) (Roll call 7)
• 2025-01-09: Considered as unfinished business. (consideration: CR H75-76)
• 2025-01-09: POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 23, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Mast demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
• 2025-01-09: The previous question was ordered pursuant to the rule.
• 2025-01-09: DEBATE - The House proceeded with one hour of debate on H.R. 23.
• 2025-01-09: Considered under the provisions of rule H. Res. 5. (consideration: CR H67-74)
• 2025-01-03: Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-01-03: Referred to the Committee on Foreign Affairs, and in addition to the Committees on the Judiciary, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Bill Versions

• Illegitimate Court Counteraction Act — issued 2025-01-09 — PDF (14 pages)
• Illegitimate Court Counteraction Act — issued 2025-01-03 — PDF (13 pages)
• Illegitimate Court Counteraction Act — issued 2025-01-13 — PDF (14 pages)

Related Bills

• H.Res. 5 (119th Congress)