H.R. 23 — Illegitimate Court Counteraction Act

This section declares congressional findings regarding the International Criminal Court (ICC), including (1) that the United States and Israel are not parties to the Rome Statute or ICC members and thus lack ICC jurisdiction over them; (2) condemnation of ICC Prosecutor Karim Khan's May 20, 2024, arrest warrant applications for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant; (3) condemnation of the ICC Pre-Trial Chamber's November 21, 2024, arrest warrants for Netanyahu and Gallant; (4) reference to the 2002 American Servicemembers’ Protection Act to protect U.S. and allied personnel from non-consensual ICC prosecution; (5) that ICC actions against Israel are illegitimate, baseless, and create a precedent threatening the United States, Israel, and non-consenting U.S. partners; and (6) that the United States must oppose ICC actions against the United States, Israel, or non-consenting allies.

This section requires the President, not later than 60 days after enactment and on an ongoing basis if the International Criminal Court (ICC) attempts to investigate, arrest, detain, or prosecute any protected person, to impose sanctions on foreign persons determined to have directly engaged in, aided, materially assisted, sponsored, or provided support for such ICC efforts, or to be owned or controlled by or acting on behalf of such persons. Sanctions include (1) blocking all property and interests in property within U.S. jurisdiction using authorities under the International Emergency Economic Powers Act (IEEPA, 50 U.S.C. 1701 et seq.), and (2) visa ineligibility, inadmissibility, and revocation under the Immigration and Nationality Act for such persons and their immediate family members. This section further authorizes IEEPA implementation authorities (50 U.S.C. 1702, 1704), applies IEEPA civil and criminal penalties (50 U.S.C. 1705), requires notification to congressional committees within 10 days of sanctions imposition, allows case-by-case waivers for up to 90 days (renewable) vital to U.S. national security with specified congressional reports, and permits sanctions termination upon presidential certification that the ICC has ceased relevant efforts. (As background, IEEPA enables the President to regulate international financial transactions and block foreign property during declared national emergencies.)

This section rescinds any appropriated funds available for obligation for the International Criminal Court (ICC) as of the date of enactment and prohibits the use of appropriated funds for the ICC on or after such date.

This section establishes definitions for purposes of the Act, including (1) "admitted alien" as defined in the Immigration and Nationality Act; (2) "ally of the United States" as the government of a NATO member country or major non-NATO ally; (3) "appropriate congressional committees" as the House Committees on Foreign Affairs, Financial Services, and the Judiciary, and the Senate Committees on Foreign Relations, Banking, Housing, and Urban Affairs, and the Judiciary; (4) "foreign person" as a non-U.S. person; (5) "immediate family member" of a foreign person as the spouse, parent, sibling, or adult child; (6) "International Criminal Court" and "Rome Statute" as defined in the American Service-Members' Protection Act; (7) "protected person" as certain U.S. persons (e.g., military members, officials, employees) unless the U.S. consents to International Criminal Court jurisdiction and certain citizens or lawful residents of U.S. allies (e.g., military members, officials, employees) whose governments have not consented or are not parties to the Rome Statute; and (8) "United States person" as a U.S. citizen, lawful permanent resident, U.S.-organized entity, or person in the United States.