House GOP Tries to Protect Netanyahu From ICC With Rules Package

A Republican congressman known for sometimes clashing with his own party's leaders called them out on Wednesday for part of the proposed rules package that is an apparent response to a global court issuing arrest warrants for top Israeli politicians over the U.S.-backed assault on the Gaza Strip.

The GOP-controlled U.S. House Representatives for the 119th congressional session is scheduled to meet Friday afternoon to swear in members, hold a speaker election, and consider the 36-page package released Wednesday. Proposed changes include renaming or reestablishing some panels, making it harder to remove the speaker, and promoting electronic committee voting.

The rules resolution also states that once it is adopted, members shall consider a dozen bills listed at the end of the document. Rep. Thomas Massie (R-Ky.) took issue with the inclusion of the eighth bill, which would impose sanctions over any International Criminal Court (ICC) "effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies."

The ICC issued warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, in November. Although Israel, like the United States, is not a party to the treaty establishing the ICC, the court has jurisdiction over occupied Palestinian territories—Gaza and the West Bank, including East Jerusalem.

Massie said on social media Wednesday: "The United States is a sovereign country, so I don't assign any credibility to decisions of the International Criminal Court. But how did a bill to protect Netanyahu make it into the House rules package to be voted on immediately after the speaker vote? Where are our priorities?!"

Massie's comments on the rules package came two days after he publicly disagreed with President-elect Donald Trump's endorsement of House Speaker Mike Johnson (R-La.) to keep his job for the upcoming session, saying that "we've seen Johnson partner with the Democrats to send money to Ukraine, authorize spying on Americans, and blow the budget."

So far, at least one other lawmaker—Rep. Marjorie Taylor Greene (R-Ga.)—joined Massie on Wednesday in criticizing what he referred to as a "special protection provision for Netanyahu." Like her colleague from Kentucky, the Georgia Republican took aim at the court that prosecutes individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.

"I will not support giving any credibility or power to the International Criminal Court in our House rules package," Greene said of the ICC, which has faced opposition from both Democrats and Republicans over the years. "This clause needs to be removed."

Amid speculation that the ICC would issue the arrest warrants—as it ultimately did—the House passed Rep. Chip Roy's (R-Texas) Illegitimate Court Counteraction Act with bipartisan support in June. It never received a floor vote in the Democrat-controlled Senate, though the Biden administration reportedly worked with the Israeli government in a bid to block the warrants.

Under the American Service Members' Protection Act, a 2002 law that critics call the Hague Invasion Act, Biden has the authority to "use all means necessary and appropriate to bring about the release" of an American or allied person detained or imprisoned by or on behalf of the ICC. Soon, the person with that power will be Trump.

Both Biden and Trump have spoken out against the ICC warrants for Netanyahu and Gallant, while a few progressive lawmakers—including Rep. Rashida Tlaib (D-Mich.), a leading critic of the Israeli assault on Gaza and the only Palestinian American in Congress—have welcomed them and called out the U.S. government for providing billions of dollars in weapons to Israel.

"The International Criminal Court's long overdue decision to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the days of the Israeli apartheid government operating with impunity are ending," Tlaib said in November. "Our government must urgently end our complicity in these violations of human rights and international law."