119-s493

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 493 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 493

 To prohibit United States cooperation with the International Criminal 
Court, the use of the Economic Support Fund to support the Palestinian 
 Authority, and any Federal funding for the ICC.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 10, 2025

 Mr. Sullivan (for himself and Mr. Cotton) introduced the following 
 bill; which was read twice and referred to the Committee on Foreign 
 Relations

_______________________________________________________________________

 A BILL

 To prohibit United States cooperation with the International Criminal 
Court, the use of the Economic Support Fund to support the Palestinian 
 Authority, and any Federal funding for the ICC.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Stop the ICC Act''.

SEC. 2. FINDINGS.

 Congress finds the following:

    (1) In 2014, and in each subsequent year, Congress has 
 enacted provisions, including 

section 7041

    (k)

    (2)
        (A)
            (i) 
            (II) of 
 the Further Consolidated Appropriations Act, 2024 (Public Law 
 118-47), prohibiting the use of economic support funds for the 
 Palestinian Authority if the Palestinians initiate an 
 investigation of the International Criminal Court (referred to 
 in this section as the ``ICC''), or actively support such an 
 investigation, which subjects Israeli nationals to an 
 investigation for alleged crimes against Palestinians.

    (2) On May 22, 2018, the Palestinian Authority initiated an 
 International Criminal Court authorized investigation and have 
 actively supported that investigation, which investigates 
 alleged crimes committed by Israeli nationals against 
 Palestinians.

    (3) According to the ICC, ``[o]n 22 May 2018, pursuant to 
 articles 13

    (a) and 14 of the Rome Statute, Palestine referred 
 the Situation in Palestine for investigation by the Office of 
 the Prosecutor and specifically requested the Prosecutor `to 
 investigate, in accordance with the temporal jurisdiction of 
 the Court, past, ongoing and future crimes within the court's 
 jurisdiction, committed in all parts of the territory of the 
 State of Palestine', specifying that `[t]he State of Palestine 
 comprises the Palestinian Territory occupied in 1967 by Israel, 
 as defined by the 1949 Armistice Line, [which] includes the 
 West Bank, including East Jerusalem, and the Gaza Strip'.''.

    (4) In 2021, the ICC opened an investigation into the 
 ``Situation in Palestine''.

    (5) On May 20, 2024, the chief prosecutor of the ICC 
 applied for arrest warrants for Israeli Prime Minister Benjamin 
 Netanyahu and former Defense Minister Yoav Gallant for a range 
 of offenses allegedly committed ``on the territory of the State 
 of Palestine (in the Gaza strip) from at least 8 October 
 2023''.

    (6) On November 21, 2024, the ICC Pre-Trial Chamber I 
 rejected challenges made by the State of Israel to--
        (A) the ICC's issuance of arrest warrants for Prime 
 Minister Netanyahu and former Defense Minister Gallant; 
 and
        (B) the ICC's jurisdiction on the matter.

    (7) On November 21, 2024, the ICC issued arrest warrants 
 for Prime Minister Netanyahu and former Defense Minister 
 Gallant.

SEC. 3. PROHIBITION AGAINST COOPERATION WITH THE INTERNATIONAL CRIMINAL 
 COURT AND SUPPORT FOR THE PALESTINIAN AUTHORITY.

    (a) Prohibition Against Cooperation With the ICC.--Notwithstanding 
any other provision of law, no official of the United States may 
cooperate with the International Criminal Court with respect to any 
matter.

    (b) Fulfillment of Statutory Condition.--The investigation referred 
to in 

section 2

    (a)

    (2) and the application for arrests warrants for 
Israeli officials referred to in 

section 2

    (a)

    (5)
        (A) justifies 
prohibiting the use of economic support funds for the Palestinian 
Authority in accordance with 

section 7041

    (k)

    (2)
        (A)
            (i) 
            (II) of the 
Further Consolidated Appropriations Act, 2024 (Public Law 118-47).
            (c) Prohibition Against Use of Economic Support Fund in Gaza.--None 
of the funds made available pursuant to chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) may be used to 
provide support for the Palestinian Authority.
            (d) Prohibition Against Funding for the ICC.--Notwithstanding any 
other provision of law, no Federal funds may be--

    (1) made available for the ICC; or

    (2) used to support any ICC activity, including submissions 
 of alleged crimes, preliminary investigations, investigations, 
 warrants, surrender or transfer of accused persons, 
 prosecutions, trials, appeals, or enforcement of ICC rulings.
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