IV 

114TH CONGRESS 

1ST SESSION H. RES. 270 

Expressing the sense of Congress regarding the Palestinian Authority’s purported accession to the International Criminal Court for the purpose 

of initiating prosecutions against Israeli soldiers, citizens, officials, and 

leaders. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2015 

Mr. FRANKS of Arizona (for himself and Mr. VARGAS) submitted the following 

resolution; which was referred to the Committee on Foreign Affairs 

RESOLUTION 

Expressing the sense of Congress regarding the Palestinian 

Authority’s purported accession to the International 

Criminal Court for the purpose of initiating prosecutions 

against Israeli soldiers, citizens, officials, and leaders. 

Whereas the United States has committed its diplomatic efforts to obtaining a genuine and durable peace agreement 

between the State of Israel and the Palestinians, to be 

achieved through bilateral negotiations since the signing 

of the Oslo Accords in 1993; 

Whereas Congress reaffirms the United States commitment 

to a genuine and sustainable peace, obtained through direct bilateral negotiations between Israeli and Palestinian 

leadership, without the interference or inclusion of 

Hamas, in keeping with United States commitments to 


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democracy, freedom, and the rights of all peoples to selfdetermination; 

Whereas the Palestinian Authority, headed by President 

Mahmoud Abbas, has engaged in a series of bad-faith actions bypassing and hindering the United States peacemaking efforts, and has undertaken multiple courses of 

action hindering negotiations aimed at achieving a genuine and sustainable peace settlement between the Palestinians and the State of Israel; 

Whereas the most recent of these bad-faith actions has been 

the Palestinian Authority’s pursuit of membership in the 

International Criminal Court (ICC) and the initiation of 

prosecutions of Israeli leaders, citizens, officials, and soldiers for alleged war crimes, which profoundly undermines prospects for mutual recognition, dialogue, and 

reconciliation; 

Whereas Palestine Liberation Organization (PLO) elements 

of the Palestinian leadership have stated that Palestinian 

accession to the ICC is only the first step towards carrying out a total and continuous political and judicial 

battle against the State of Israel outside of the agreed 

negotiating framework; 

Whereas Hamas, which is part of the Palestinian Authority’s 

unity government with Fatah, has called the purported 

Palestinian accession to the ICC a first step by the international community to isolate Israel, calling on the Palestinian Authority to widen the ambit of prosecutions; 

Whereas the aforementioned conduct of the Palestinian Authority hinders the peace process between Israel and the 

Palestinians and thus represents a threat to the regional 


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•HRES 270 IH 

interests of the United States and the security of its allies; 

Whereas Congress recognizes that Israel has made significant 

breakthroughs in advancing peace with its neighbors, as 

exemplified by its peace treaties with Egypt and Jordan, 

and has demonstrated its good faith and enduring determination and willingness to establish a genuine and sustainable peace with the Palestinians; 

Whereas Congress recognizes that Israeli leaders and soldiers 

have been forced to defend Israel’s citizens and civilians 

from unrelenting terrorist attacks, including over 15,000 

rocket and mortar attacks against civilian communities, 

suicide bombings and cross-border tunnel attacks, by undertaking military action in Gaza and in the West Bank; 

Whereas Congress recognizes the commitment of Israel’s civilian and military leadership to applicable international 

legal norms, and the commitment of the Israel Defense 

Forces to act strictly within the confines of the Law of 

Armed Conflict in all of its military engagements; 

Whereas Congress recognizes that the Israel Defense Forces 

doctrine of the ‘‘Purity of Arms’’ requires all Israeli soldiers to maintain their humanity in combat, and forbids 

the use of armed force to harm non-combatants or their 

property, enjoining all Israeli soldiers to do everything in 

their ability to avoid harming the lives, body, honor and 

property of non-combatants, and this doctrine remains 

the guiding rule and policy of Israel’s armed forces; 

Whereas Israel’s civilian judiciary is impartial and internationally respected, and has established a well-earned 

reputation for being a champion of human rights and respect for international legal norms; 


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Whereas Congress recognizes that Israel’s internal mechanisms for examining and investigating complaints and 

claims of violations of the Law of Armed Conflict is 

internationally regarded and complies with Israel’s obligations under international law and ICC standards of 

complementarity, in light of the general principles for 

conducting an effective investigation under international 

law—independence, impartiality, effectiveness and thoroughness, and promptness—and that Israel’s system 

ranks favorably with those of other democratic systems; 

Whereas Israeli soldiers and Israeli officials involved in the 

defense of the State of Israel should not, therefore, be 

the subject of frivolous or politically motivated prosecutions by the International Criminal Court or any other 

foreign tribunal; 

Whereas Congress reaffirms the Administration’s stance opposing and regarding as legally invalid Palestinian membership in the ICC, which is open only to sovereign 

states, and condemns the unilateral actions of the Palestinian Authority to obstruct peace with Israel by moving 

to become a member of the ICC, with the sole purpose 

of initiating wrongful and politically motivated prosecutions of Israelis for alleged war crimes; and 

Whereas the politically motivated use of international bodies 

weakens their legitimacy and efficacy, and hinders the 

movement towards the universal adoption of human 

rights norms: Now, therefore, be it 

1 Resolved, That it is the sense of Congress that— 

2 (1) the Palestinian Authority should withdraw 

3 its application for membership to the International 

4 Criminal Court (ICC); 


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1 (2) the Palestinian Authority should cease all 

2 attempts to initiate, support, or encourage frivolous 

3 and politically motivated war-crimes prosecutions 

4 against Israeli leaders, officials, citizens or soldiers 

5 via the International Criminal Court or any other 

6 international or national judicial body; 

7 (3) the Palestinian Authority should dem8 onstrate its viability as a peace partner with the 

9 State of Israel by returning to bilateral negotiations 

10 with Israel, without preconditions, and cease to un11 dertake bad-faith actions demonstrating its non-via12 bility as Israel’s peace partner; 

13 (4) the organs of the ICC should oppose the 

14 politicization of international law by the Palestinian 

15 Authority by rescinding Palestinian membership in 

16 the ICC, which is open only to sovereign states, 

17 promptly closing any preliminary examination and 

18 refraining from opening or authorizing any inves19 tigation into the conduct of Israel’s soldiers, offi20 cials, and leaders on the basis of the legally invalid 

21 and politically motivated Palestinian attempt to 

22 grant the ICC jurisdiction; 

23 (5) the ICC should defer to Israeli jurisdiction 

24 and the Israeli military and civilian judicial systems 

25 in cases involving Israeli citizens, soldiers, or leaders 


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1 since Israel has proceeded with good-faith investiga2 tions and prosecutions of alleged war crimes, dem3 onstrating now, as in the past, its genuine willing4 ness to prosecute these matters; and 

5 (6) the Administration should begin immediate 

6 substantive consultations with Congress concerning 

7 Palestinian state-level membership in the ICC. 

Æ 


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