Senator Ricketts’ Weekly Column: Protecting Our Sovereignty, Our Servicemembers, and Our Allies

The International Criminal Court (ICC) is a lawless, politicized body. It threatens our sovereignty, our servicemembers, and our allies. It has investigated American troops. It’s taken illegitimate action against Israel. The Illegitimate Court Counteraction Act would sanction ICC officials for overstepping their authority. Recently, a majority of my colleagues joined me in supporting it. Despite strong bipartisan support in the House, Senate Democrats blocked it. They chose political games over supporting the women and men who defend our country.

The ICC was created to help prosecute war crimes in countries without a functioning justice system. In these countries, the rule of law isn’t respected. War criminals avoid accountability. These conditions are true in places like Putin’s Russia or Ayatollah Khamenei’s Iran.

None of those conditions apply in the United States or Israel. We have justice systems who hold people accountable. We are governed by the rule of law. Neither country is a part of the ICC. Neither the U.S. or Israel have signed treaties giving it any authority over us. 

Despite these facts, in 2020, the ICC began investigating American troops for potential war crimes in Afghanistan. And last year, the ICC issued arrest warrants for top Israeli officials, including Prime Minister Benjamin Netanyahu. In issuing these arrest warrants, the ICC drew a moral equivalency between Israel and the Hamas terrorists who brutally attacked Israel on October 7th, 2023.

There is no moral equivalency between Israel and Hamas. None. Hamas targeted and murdered innocent civilians. They committed war crimes. They need to be held accountable. The ICC’s actions against Israel shredded the institution’s credibility.

Meanwhile, the ICC has failed in its mission to hold dictators accountable for war crimes. Despite a $187 million budget, it did nothing to hold Putin accountable for his crimes in Ukraine. It did nothing to hold Ayatollah Khamenei accountable for funding terror attacks around the world.

The ICC is a lawless, politicized body. It threatens our sovereignty, our troops, and allies like Israel. These threats must not go unanswered. The Illegitimate Court Counteraction Act would do that. 

This bipartisan bill condemns the ICC’s illegitimate actions. It requires the president to impose sanctions within 60 days on foreign officials who are directly involved in threatening the U.S. and our allies. Proposed sanctions include asset freezes and visa bans. Those who threaten our sovereignty and our servicemembers shouldn’t be allowed to use our banking system. They shouldn’t be allowed into our country. A strong response is warranted.

Senate Democrats, led by Minority Leader Chuck Schumer, blocked this common-sense legislation. Schumer claimed to stand with Israel against the ICC’s actions. But just last year, he called for new elections in Israel to replace its duly elected Prime Minister. He attacked a democratically elected leader and meddled in the electoral process of a key ally. And he blocked this bipartisan bill. That’s not how allies show support for each other.

Those weren’t the only specious claims made by Senate Democrats. They claimed the bill imposed “draconian” sanctions. In reality, they’re very common. The Obama and Biden administrations used these tools 49 times. Democrats also claimed the bill was “poorly drafted.” Yet the same bill passed the House with bipartisan support – twice. 45 House Democrats voted for the bill just weeks ago.

Two of my Senate colleagues voted for the same bill last year when they were in the House. Yet they followed Schumer’s lead and opposed it in the Senate. That’s not leadership. That’s political gamesmanship. 

In blocking the Illegitimate Court Counteraction Act, Senate Democrats voted against protecting American servicemembers from a corrupt and lawless organization. They voted against making our country safer. They voted against supporting Israel. Americans should take note. I’ll always fight to protect our sovereignty, defend our servicemembers, and support our allies.