Senate Democrats block sanctions on ICC for trying to arrest top Israeli officials

Senate Democrats on Tuesday blocked a bill to sanction International Criminal Court officials for issuing arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister.

The bill, which passed the House earlier this month, would have imposed economic and visa-related sanctions for any individual participating or aiding in the prosecution or arrest of Israeli officials, as well as American citizens or officials from other countries that are U.S. allies.

Senate Democrats said the language was overly broad and they worried the sanctions would be applied to unintended targets, including U.S. businesses that help the ICC with investigative work.

The Senate’s test vote failed, 54-45, short of the 60 votes needed to survive.

Only one Democrat, Pennsylvania Sen. John Fetterman, joined all Republicans in support.

“I support Israel,” Mr. Fetterman said. “I hope my colleagues agree, but I’m actually going to follow Israel on that. And if somebody doesn’t, well, I mean, that’s really their choice.”

Democrats who opposed consideration of the bill said it was not about lack of support for Israel but fears that the language authorizing sanctions was so overly broad it could sweep up other allies and even U.S. businesses in the enforcement actions.

“They’re sanctioning American businesses for work that has already been done and they’re sanctioning our allies,” said Senate Foreign Relations ranking member Jeanne Shaheen, New Hampshire Democrat.

Ms. Shaheen said she had been negotiating with Republicans on potential changes to the bill to address those concerns but that Democrats would oppose moving forward with it absent an agreement.

Sen. Mazie Hirono, Hawaii Democrat, said Ms. Shaheen and Sen. Mark Warner, Virginia Democrat, engaged in “good faith” negotiations with Republicans to better tailor the bill, but the lead GOP negotiator, Arkansas Sen. Tom Cotton “showed no desire to do that.”

Mr. Cotton said Democrats had months to negotiate on the ICC sanctions, a bill Republicans first introduced last spring after the ICC’s top prosecutor announced his intent to pursue the arrest warrants. Instead, he said, they “waited until the last minute to demand unworkable changes that would give carve-outs to Big Tech.”

“Make no mistake, Democrats weakened our national sovereignty and Israel’s ability to defend itself today,” Mr. Cotton said.

The U.S. and Israel do not recognize the ICC’s authority. Republicans argued the sanctions measure was needed to send a message that the ICC was acting out of the bounds of its jurisdiction, given that the court has targeted American soldiers in the past.

“The bottom line is the United States and Israel are not members of what we think is an unlawful court,” said Senate Majority Leader John Thune, South Dakota Republican. “This court is targeting American citizens, and in this case, obviously targeting the prime minister of Israel. And so we think it’s important to take a stand on that.”

Mr. Thune acknowledged questions of who “in the periphery” of the ICC’s moves against Israel may be impacted by the sanctions but argued Democrats should vote for it anyway.

Democrats were unconvinced.

“The issue with the ICC bill is it will undermine all our efforts to hold [Russian President Vladamir] Putin and leaders in Sudan who are responsible for genocide, leaders in Myanmar, accountable,” Sen. Chris Van Hollen, Maryland Democrat, told The Washington Times. “That’s why our European allies have said don’t treat the ICC like it’s a terrorist organization.”