Senate Democrats on Tuesday, January 28, 2025, blocked a Republican-led measure aimed at sanctioning the International Criminal Court (ICC), arguing that the bill, as drafted, could have unintended negative consequences for U.S. allies and businesses.
The legislation failed to advance in a 54–45 vote, falling short of the 60 votes required. Sen. John Fetterman of Pennsylvania was the only Democrat to side with Republicans in support of the measure.
Concerns Over Broad Impact
“The bill before us is poorly drafted and deeply problematic. It will have many unintended consequences that undermine its primary goal,” Senate Minority Leader Chuck Schumer, a New York Democrat, said before the vote.
Earlier this year, the House passed the measure in response to the ICC’s decision to seek arrest warrants for senior Israeli officials, including Prime Minister Benjamin Netanyahu, over alleged war crimes. The bill, which initially passed the House last June with the support of 42 Democrats, was previously stalled in the then-Democratic-controlled Senate.
The legislation was reintroduced earlier this month by Rep. Chip Roy (R-TX) and Rep. Brian Mast (R-FL), chairman of the House Foreign Affairs Committee. Supporters argue that the ICC is an “illegitimate” entity that poses a “massive threat to U.S. sovereignty.” This time, 45 House Democrats voted in favor of the measure.
Bill Provisions and Opposition
The proposed sanctions would apply to individuals involved in “any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies.” Measures would include revoking U.S. visas held by ICC officials, restricting their entry into the country, and blocking their access to U.S. financial transactions.
While many Democrats oppose the ICC’s efforts to prosecute Israeli officials, critics of the bill argue that its broad language could inadvertently harm unintended targets, such as U.S. technology firms providing services to the ICC without being involved in legal proceedings.
“These sanctions will make it almost impossible to engage the court on other issues in our national interest,” Sen. Jeanne Shaheen (D-NH) said in a floor speech, warning that the bill could further entrench the ICC’s position rather than deter it.
Shaheen, the top Democrat on the Senate Foreign Relations Committee, said she attempted to negotiate revisions with Sen. Tom Cotton (R-AR), chairman of the Senate Intelligence Committee, but was unsuccessful. Cotton dismissed concerns about the bill’s scope.
The failed vote underscores ongoing divisions in Congress over how to respond to the ICC’s actions and the broader implications for U.S. foreign policy.
(CBSN)