II
119THCONGRESS
1
STSESSION S. 493
To prohibit United States cooperation with the International Criminal Court,
the use of the Economic Support Fund to support the Palestinian Au-
thority, and any Federal funding for the ICC.
IN THE SENATE OF THE UNITED STATES
FEBRUARY10, 2025
Mr. S
ULLIVAN(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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Stop the ICC Act’’. 4
SEC. 2. FINDINGS. 5
Congress finds the following: 6
(1) In 2014, and in each subsequent year, Con-7
gress has enacted provisions, including section 8
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•S 493 IS
7041(k)(2)(A)(i)(II) of the Further Consolidated 1
Appropriations Act, 2024 (Public Law 118–47), pro-2
hibiting the use of economic support funds for the 3
Palestinian Authority if the Palestinians initiate an 4
investigation of the International Criminal Court 5
(referred to in this section as the ‘‘ICC’’), or actively 6
support such an investigation, which subjects Israeli 7
nationals to an investigation for alleged crimes 8
against Palestinians. 9
(2) On May 22, 2018, the Palestinian Authority 10
initiated an International Criminal Court authorized 11
investigation and have actively supported that inves-12
tigation, which investigates alleged crimes committed 13
by Israeli nationals against Palestinians. 14
(3) According to the ICC, ‘‘[o]n 22 May 2018, 15
pursuant to articles 13(a) and 14 of the Rome Stat-16
ute, Palestine referred the Situation in Palestine for 17
investigation by the Office of the Prosecutor and 18
specifically requested the Prosecutor ‘to investigate, 19
in accordance with the temporal jurisdiction of the 20
Court, past, ongoing and future crimes within the 21
court’s jurisdiction, committed in all parts of the 22
territory of the State of Palestine’, specifying that 23
‘[t]he State of Palestine comprises the Palestinian 24
Territory occupied in 1967 by Israel, as defined by 25
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•S 493 IS
the 1949 Armistice Line, [which] includes the West 1
Bank, including East Jerusalem, and the Gaza 2
Strip’.’’. 3
(4) In 2021, the ICC opened an investigation 4
into the ‘‘Situation in Palestine’’. 5
(5) On May 20, 2024, the chief prosecutor of 6
the ICC applied for arrest warrants for Israeli 7
Prime Minister Benjamin Netanyahu and former 8
Defense Minister Yoav Gallant for a range of of-9
fenses allegedly committed ‘‘on the territory of the 10
State of Palestine (in the Gaza strip) from at least 11
8 October 2023’’. 12
(6) On November 21, 2024, the ICC Pre-Trial 13
Chamber I rejected challenges made by the State of 14
Israel to— 15
(A) the ICC’s issuance of arrest warrants 16
for Prime Minister Netanyahu and former De-17
fense Minister Gallant; and 18
(B) the ICC’s jurisdiction on the matter. 19
(7) On November 21, 2024, the ICC issued ar-20
rest warrants for Prime Minister Netanyahu and 21
former Defense Minister Gallant. 22
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SEC. 3. PROHIBITION AGAINST COOPERATION WITH THE 1
INTERNATIONAL CRIMINAL COURT AND SUP-2
PORT FOR THE PALESTINIAN AUTHORITY. 3
(a) P
ROHIBITIONAGAINSTCOOPERATIONWITH THE 4
ICC.—Notwithstanding any other provision of law, no of-5
ficial of the United States may cooperate with the Inter-6
national Criminal Court with respect to any matter. 7
(b) F
ULFILLMENT OFSTATUTORYCONDITION.—The 8
investigation referred to in section 2(a)(2) and the appli-9
cation for arrests warrants for Israeli officials referred to 10
in section 2(a)(5)(A) justifies prohibiting the use of eco-11
nomic support funds for the Palestinian Authority in ac-12
cordance with section 7041(k)(2)(A)(i)(II) of the Further 13
Consolidated Appropriations Act, 2024 (Public Law 118– 14
47). 15
(c) P
ROHIBITIONAGAINSTUSE OFECONOMICSUP-16
PORTFUND INGAZA.—None of the funds made available 17
pursuant to chapter 4 of part II of the Foreign Assistance 18
Act of 1961 (22 U.S.C. 2346 et seq.) may be used to pro-19
vide support for the Palestinian Authority. 20
(d) P
ROHIBITIONAGAINSTFUNDING FOR THE 21
ICC.—Notwithstanding any other provision of law, no 22
Federal funds may be— 23
(1) made available for the ICC; or 24
(2) used to support any ICC activity, including 25
submissions of alleged crimes, preliminary investiga-26
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tions, investigations, warrants, surrender or transfer 1
of accused persons, prosecutions, trials, appeals, or 2
enforcement of ICC rulings. 3
Æ
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