The Senate Foreign Relations Committee is gearing up for a pivotal markup Wednesday of the Illegitimate Court Counteraction Act, a bill that seeks to sanction the International Criminal Court for its investigation into alleged war crimes committed by Israeli officials.

With Israel being a longtime American ally, this bill represents a concerted effort to push back against what many lawmakers see as biased scrutiny of the Israeli government.

The Illegitimate Court Counteraction Act, which was introduced by Congressman Chip Roy, was passed by a vote of 246 in favor and 155 against, seeing 42 Democrats vote for the bill. The chairman of the Senate Foreign Relations Committee, Senator Cardin, has been vocal about what he sees as the need to defend international institutions like the ICC, but has criticized the court for what he calls its biased prosecution of Israel for its conduct during the Gaza war.

Mr. Cardin, while generally supportive of defending Israel, has emphasized the need for what he calls a measured approach, telling Jewish Insider of the House-passed version of the bill: “It is deeply disappointing to see partisanship get in the way of a sensible, bipartisan bill. Defending Israel from biased prosecution is vital, but political maneuvering complicates the path forward.”

The House-passed version of the Illegitimate Court Counteraction Act introduces measures to restrict American funding for the ICC, sanction officials involved in the investigation, and prevent any American cooperation with the court on its investigation of Israel. While Republicans largely favor stronger action against the ICC, some Democrats have expressed reservations about the broader implications of imposing sanctions on an international legal body.

The White House has echoed these concerns, with the press secretary, Karine Jean-Pierre, saying: “We fundamentally reject the ICC prosecutor’s application for arrest warrants against Israeli leaders. However, sanctions on the ICC are not an appropriate or effective path forward.”

The ICC announced in 2021 that it would formally investigate alleged Israeli war crimes in the Palestinian territories. However, America and Israel, neither of which are signatories to the Rome Statute that established the ICC, have since resisted this investigation.

Proponents of the court’s investigations of Israel have argued that the court has jurisdiction owing to the state of Palestine’s status as signatory. The Israeli government views the ICC’s actions as a politicized attack on its sovereignty and right to self-defense. In response to Israeli conduct in the war in Gaza, the court’s prosecutor has requested arrest warrants for the Israeli prime minister and defense minister.

The Israeli foreign ministry recently announced its formal opposition to the court’s jurisdiction and argues the court violates its own principle of complementarity, which allows sovereign states the opportunity to handle legal proceedings internally before ICC intervention. 

As the Senate Foreign Relations Committee prepares for the markup, both sides anticipate a heated debate over the best course of action. While a modified version of the bill is expected to pass out of committee with support from key Republicans and some Democrats, its future on the Senate floor is uncertain, particularly as the Biden administration has expressed reluctance to endorse sanctions against the ICC.