Sanctioning The ICC By The Congress

ICC International Criminal Court

Voting in favor of sanctioning the International Criminal Court of Justice, (ICC) which had ordered Israel to take steps to prevent genocide in Gaza, was dismaying. Such decisions to sanction the ICC by Representatives of Congress erodes the ability of the high court to adhere to the principles of “ International Humanitarian Law, whose purpose is to reduce suffering during war”. 

The legislators passed this so-called “illegitimate Court Counteraction act” by a vote of 243-140, mostly supported by 198 Republican legislators. The question is why some representatives felt it necessary to join in support of a far-right regime in the Israeli Knesset, led by a man who is roundly disliked by most citizens of Israel.

The intent of the legislation was to sanction anyone who assists the ICC in its attempts…to prosecute a citizen of an allied country” (ie Israel). In this case, it involved posting arrest warrants for Benjamin Netanyahu and Yoav Gallant for their leadership in promoting genocide in Gaza.

Perhaps it would benefit legislators to do some serious reading on the horrors taking place in Gaza, with 46,500 civilians having been killed, including 16,000 children, by Israel bombs, supplied by the U.S.. 

Several highly regarded Israeli historians have written about the plight of the Palestinians, which have now become subject to extreme destitution, as most of  their homes, hospitals and schools have been destroyed by a continual barrage of  bombing. In addition, even many temporary tents, inhabited by refugee families, have been bombed.

The Israeli military  (IDF) is being urged on by the extremist  leadership in the Knesset in a process of “ethnic cleansing”.  Israeli historians have taken note of this attempt to exterminate a population, including such well-known historians as Avi Shlaim, an Oxford University scholar raised in Israel who served with the IDF; Shlomo Sand who teaches in Tel Aviv University and has written books including “The Invention of the Jewish People”; Ilan Pappe, an historian teaching at Reading University in the UK who has written “The Ethnic Cleansing of Palestine”.

It appears  that Legislators are making decisions based on a very limited understanding of the history of Palestine. Are they aware that 5-6 million acres were expropriated from 750,000 Palestinians in 1947, forcing them into homelessness, and into becoming refugees, many having no choice but to move to Gaza.

It is shameful that legislators take the part of a right -wing cabal, led by a man totally lacking in empathy, not only for the thousands of children being killed by the IDF bombing, but also, until recently, for his unwillingness to negotiate in good faith, for the release of Israeli hostages. 

There are over 160 peace organizations in Palestine/Israe, involving tens of thousands of well-meaning people devoted to building a shared society of cooperation, justice, equality and mutual understanding. Such groups are among a significant number of Israelis who are opposed to the genocidal bombing and killing that is taking place in Gaza.

Other issues that were apparently not taken into consideration in their vote are the walls of separation between Palestinians and Israelis which have become even more pronounced.  Such walls are a form of “Apartheid” which  former President, Jimmy Carter addressed in his book “Palestine: Peace Not Apartheid”. He noted that Israel’s “construction of settlements” has been the primary obstacle to a comprehensive peace agreement. In addition, he wrote: “some Israelis believe they have the right to confiscate and colonize Palestinian land and [then] justify their subjugation and persecution [thus creating a sense] of hopelessness among Palestinians”

When Legislators voted to sanction the ICC (International Criminal Court) there is every indication that  they did not reflect very deeply on the issues. Instead they voted to continue to support flagrant abuses against Palestinian by far-right leaders in the Israeli government. The question that is paramount in my mind is that Legislators may be persuaded by financial considerations. One congressman, in particular received from the “American Israel Public Affairs Cmte”, (AIPAC) the sum of  $375,000 which was the largest contribution fors 2023-2024. (reported in “opensecrets.org/members of congress).  

It may be worthwhile to reflect on the recent decision of Ireland, the ancestral home of many residents in the U.S.. Ireland filed a “declaration at the International Court of Justice (ICC) with the intention to intervene in [the] genocide case against Israel’s tactics in its war on Gaza. Ireland believes that every state, of the 189 nations who have signed the Genocide Convention, “has the right to intervene in the proceedings” based upon the principles expressed in the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.


The essence of Ireland ‘s declaration is that “the crime [of genocide] may also be committed where a perpetrator– regardless of his or her purpose – knows (or should know) that the natural and probable consequence of these acts is either to destroy or contribute to the destruction of the protected group [ie Palestinians] , in whole or part, as such, and [yet] proceeds regardless.”

In conclusion, legislators have an opportunity to develop a sense of fairness and justice for all, and not to be swayed by political contributions meant to influence votes on crucial issues relating to Palestine and Israel.

Hugh Curran teaches in Peace & Reconciliation at the University of Maine

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