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Ranking Member Shaheen Speaks in Opposition to Republican Legislation to Sanction the International Criminal Court, Urges Bipartisan Compromise to Hold ICC Accountable for Targeting Israeli Officials

WASHINGTON – Today, U.S. Senator Jeanne Shaheen (D-NH), Ranking Member of the U.S. Senate Foreign Relations Committee, spoke on the Senate floor in opposition to the partisan legislation to sanction the International Criminal Court (ICC), highlighted her tireless efforts to come up with a bipartisan compromise to hold the ICC accountable for its actions against Israeli officials and expressed concern about the impact to national security, U.S. businesses and our allies. You can watch the Ranking Member’s full remarks here.

Key quotes from Ranking Member Shaheen:

  • “The way this bill is drafted, sanctioning the ICC will not get them to withdraw the arrest warrants for Israeli officials. It could actually have the opposite effect, hardening the court's position. These sweeping sanctions we're about to consider are an incredibly powerful tool and making this an issue that goes beyond Israel and the United States and stretching around the world, is not going to be helpful to our national security.”

  • “The bill could also potentially target subsidiaries of major U.S. companies like Microsoft for providing technical services to the ICC, which they may have been performing for a number of years before this bill was passed. And the way it's worded, it's retroactive, it would affect them.” 

  • “Not only that, but this bill targets some of the United States' most important allies. For example, the host country for the ICC, the Netherlands, as well as the United Kingdom, France, Germany, Italy and Japan, who are the ICC's biggest donors. It also includes the citizens of those [countries] who work at the ICC.”

  • “So, Madam President, I was hoping that we could come to an agreement. We've been negotiating with Senator Cotton, who's the author of this bill. I know we share most of the same concerns that he does in drafting the bill, but I think it's overly broad, it's not drafted in a way that addresses what I think are the unique concerns that we have with respect to the International Criminal Court. So, sadly, since we have not been able to come to an agreement to address those concerns, I intend to vote no on this bill, and I urge my colleagues to do the same on the motion to proceed.”

The Ranking Member’s remarks, as delivered, are below.

Madam President, I come to the floor today to oppose H.R. 23. This is a bill that levels unprecedented mandatory sanctions on the International Criminal Court, the ICC. 

I understand my colleagues' concerns about whether the court has jurisdiction over Israel, and I share those. I agree the court should not focus its resources investigating U.S. service members. I can't believe anybody in this chamber wants to see that. 

But the way this bill is drafted, sanctioning the ICC will not get them to withdraw the arrest warrants for Israeli officials. 

It could actually have the opposite effect, hardening the court's position. These sweeping sanctions we're about to consider are an incredibly powerful tool and making this an issue that goes beyond Israel and the United States, and stretching around the world, is not going to be helpful to our national security.

These sanctions will make it almost impossible for the United States to engage the court on other issues in our national interest. 

Whether prosecuting the atrocities in Sudan or human rights abuses by the Taliban or in Venezuela or Russia's war crimes against Ukraine, this bill would target the civil servants who work at the ICC. And not just them, it would target their families. Lower-level workers who provide administrative, paralegal, research and even catering and sanitary services would be affected. It could target their family members for being related. 

The bill could also potentially target subsidiaries of major U.S. companies like Microsoft for providing technical services to the ICC, which they may have been performing for a number of years before this bill was passed. And the way it's worded, it's retroactive, it would affect them. 

Not only that, but this bill targets some of the United States' most important allies. For example, the host country for the ICC, the Netherlands, as well as the United Kingdom, France, Germany, Italy and Japan, who are the ICC's biggest donors. It also includes the citizens of those [countries] who work at the ICC. 

These alliances are one of America's greatest assets. They make us stronger and safer, and this bill could do real damage to these relationships. It could undermine vital multilateral organizations and hurt U.S. strategic interests. 

So, Madam President, I was hoping that we could come to an agreement. We've been negotiating with Senator Cotton, who's the author of this bill. I know we share most of the same concerns that he does in drafting the bill, but I think it's overly broad, it's not drafted in a way that addresses what I think are the unique concerns that we have with respect to the International Criminal Court. 

So sadly, since we have not been able to come to an agreement to address those concerns, I intend to vote no on this bill, and I urge my colleagues to do the same on the motion to proceed. 

I yield the floor.

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