In yet another example of Senate gridlock, Democrats successfully blocked legislation on Tuesday that would have imposed sanctions on the International Criminal Court (ICC) following its controversial decision to issue arrest warrants against Israeli leaders. Despite bipartisan criticism of the ICC’s actions, the measure fell short of the 60-vote threshold needed to advance, with only one Democrat—Sen. John Fetterman of Pennsylvania—breaking ranks to support it.
The ICC’s arrest warrants, targeting Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, alongside Hamas officials, sparked outrage across the political spectrum. Even Senate Majority Leader Chuck Schumer, a staunch Democrat, acknowledged that the ICC’s bias against Israel had “become too much.” And yet, when presented with an opportunity to take real action against an international body attempting to equate Israel’s war against terrorism with Hamas atrocities, most Senate Democrats opted to block the bill.
54-45:Democrats blocked the Senate from advancing a House-passed bill to sanction the International Criminal Court for issuing an arrest warrant for Israeli Prime Minister Netanyahu.60 votes were needed. Fetterman (PA) was the only Democrat to vote Yes. Ossoff (GA) did not vote. pic.twitter.com/oMGSzvZV40
— Craig Caplan (@CraigCaplan) January 28, 2025
The proposed legislation, spearheaded by Reps. Chip Roy (R-TX) and Brian Mast (R-FL), sought to impose financial and travel-related sanctions on ICC officials involved in prosecuting American allies or U.S. citizens. Specifically, it would have:
- Frozen assets and restricted transactions for individuals associated with ICC investigations into the U.S. or its allies.
- Banned entry into the U.S. for those individuals.
- Sent a clear message that the U.S. will not tolerate politically motivated prosecutions against American soldiers or Israeli officials.
Despite passing the House multiple times, Senate Democrats and the Biden administration have repeatedly dismissed the bill, calling it “flawed” and “poorly drafted.” However, Republicans argue that the real reason for opposition is the White House’s hesitation to take a hardline stance against international bodies, even when they undermine U.S. allies.
Senate Minority Whip John Barrasso (R-WY) didn’t mince words:
“Republicans are holding the ICC accountable with sanctions. Democrats are blocking us. Why?”
Schumer and other Democrats, meanwhile, seemed content to offer lip service criticism of the ICC without taking concrete action to hold it accountable. The contradiction is glaring: they acknowledge the ICC’s anti-Israel bias yet refuse to impose penalties on an organization attempting to criminalize Israel’s self-defense.
Criminals in the world today have a friend — the International Criminal Court.
They target Israel while letting evil regimes around the world off the hook.
Right now Republicans are holding the ICC accountable with sanctions. Democrats are blocking us. Why?
— Sen. John Barrasso (@SenJohnBarrasso) January 28, 2025
The implications of this vote extend far beyond Israel. As Senate Majority Leader John Thune (R-SD) warned,
“While the ICC is targeting Israeli leaders today, it could easily set its sights on Americans—and American soldiers in particular—tomorrow.”
The ICC has a history of attempting to investigate U.S. military personnel for alleged “war crimes” in Afghanistan—efforts that were previously blocked under Trump-era sanctions. By failing to act now, Senate Democrats are sending a signal that they are willing to tolerate international courts overstepping their bounds, even when it threatens American sovereignty.
The House has already passed this bill again for the new term, meaning Republicans are not letting this issue fade away. Whether through a revised version of the legislation or through executive action, expect renewed pressure to hold the ICC accountable.