Illegitimate Court Counteraction Act

119th Congress Introduced by Jodey Arrington and 35 co-sponsors

The bill would empower the U.S. to sanction ICC-related actors by blocking property and denying visas if the ICC investigates or prosecutes U.S. or allied protected persons.

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)

Purpose and Intent

The Illegitimate Court Counteraction Act (HR 23) aims to impose sanctions against the International Criminal Court (ICC) for any actions it takes to investigate, arrest, detain, or prosecute individuals deemed "protected persons" of the United States and its allies. The bill asserts that the ICC lacks legitimacy and jurisdiction over the U.S. and its allies, particularly in light of recent ICC actions against Israeli officials.

Key Provisions

Sanctions Imposition:

The President is required to impose sanctions within 60 days of the bill's enactment if the ICC attempts to investigate or prosecute any protected persons.
Sanctions apply to foreign individuals and entities that:
- Directly engage in or assist ICC efforts.
- Provide material support to the ICC.
- Are owned or controlled by individuals involved in ICC actions.

Types of Sanctions:

Property Blocking: The President can block transactions involving the property of sanctioned individuals within U.S. jurisdiction.
Visa Inadmissibility: Individuals subject to sanctions will be ineligible for U.S. visas and admission, and existing visas will be revoked immediately.

Implementation and Reporting:

The President has the authority to implement these sanctions under the International Emergency Economic Powers Act.
A report must be submitted to Congress within 10 days of imposing sanctions, detailing the individuals affected and the rationale for the sanctions.

Waiver Provision:

The President may waive sanctions on a case-by-case basis for up to 90 days if deemed vital to U.S. national security, provided Congress is notified.

Affected Parties

Individuals: Foreign persons involved with the ICC's actions against U.S. protected persons, including their immediate family members.

Entities: Organizations that support the ICC's investigations or prosecutions.

U.S. Government: The bill emphasizes protecting U.S. military personnel and officials from potential ICC prosecution.

Legislative Status

Introduced on January 3, 2025, the bill passed the House on January 9, 2025, with a vote of 243-140.

The Senate received the bill on January 9, 2025, and it was placed on the legislative calendar.

A cloture motion to proceed was presented on January 23, 2025, but was not invoked on January 28, 2025, with a vote of 54-45.

Conclusion

The Illegitimate Court Counteraction Act seeks to assert U.S. sovereignty against international legal actions perceived as illegitimate, particularly concerning the ICC's jurisdiction over U.S. and allied officials. The bill's sanctions are designed to deter ICC investigations and prosecutions, reflecting a broader stance on international legal authority and U.S. military personnel protection.

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