I 
119TH CONGRESS 
1ST SESSION 
H. R. 23 
To impose sanctions with respect to the International Criminal Court engaged 
in any effort to investigate, arrest, detain, or prosecute any protected 
person of the United States and its allies. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2025 
Mr. ROY (for himself, Mr. MAST, Mr. MCCAUL, Mr. CRENSHAW, Mr. HIGGINS 
of Louisiana, Mr. FLEISCHMANN, Mr. FINSTAD, Mr. CLINE, Mr. BIGGS 
of Arizona, Mr. ARRINGTON, Mrs. HOUCHIN, Mr. CRANE, Ms. TENNEY, 
Mr. SELF, Mr. JACKSON of Texas, Mr. MILLER of Ohio, Mr. FEENSTRA, 
Mr. WILSON of South Carolina, and Mr. BUCHANAN) introduced the fol-
lowing bill; which was referred to the Committee on Foreign Affairs, and 
in addition to the Committees on the Judiciary, and Appropriations, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To impose sanctions with respect to the International Crimi-
nal Court engaged in any effort to investigate, arrest, 
detain, or prosecute any protected person of the United 
States and its allies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illegitimate Court 
Counteraction Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The United States and Israel are not par-
ties to the Rome Statute or members of the Inter-
national Criminal Court (ICC), and therefore the 
ICC has no legitimacy or jurisdiction over the 
United States or Israel. 
(2) On May 20, 2024, the Prosecutor of the 
International Criminal Court, Karim Khan, an-
nounced arrest warrant applications for Israeli 
Prime Minister Benjamin Netanyahu and Minister 
of Defense Yoav Gallant and should be condemned 
in the strongest possible terms. 
(3) On November 21, 2024, the ICC’s Pre-Trial 
Chamber 
issued 
warrants 
for 
the 
arrest 
of 
Netanyahu and Gallant, which should be condemned 
in the strongest possible terms. 
(4) The bipartisan American Servicemembers’ 
Protection Act was enacted in 2002 to protect 
United States military personnel, United States offi-
cials, and officials and military personnel of certain 
allied countries against criminal prosecution by an 
international criminal court to which the United 
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States is not party, stating, ‘‘In addition to exposing 
members of the Armed Forces of the United States 
to the risk of international criminal prosecution, the 
Rome Statute creates a risk that the President and 
other senior elected and appointed officials of the 
United States Government may be prosecuted by the 
International Criminal Court.’’. 
(5) The ICC’s actions against Israel, including 
the preliminary examination and investigation of 
Israel and issuance of arrest warrants against Israeli 
officials, are illegitimate and baseless and create a 
damaging precedent that threatens the United 
States, Israel, and all United States partners who 
have not consented to the ICC’s jurisdiction. 
(6) The United States must oppose any action 
by the ICC against the United States, Israel, or any 
other ally of the United States that has not con-
sented to ICC jurisdiction or is not a state party to 
the Rome Statute of the ICC. 
SEC. 
3. 
SANCTIONS 
WITH 
RESPECT 
TO 
THE 
INTER-
NATIONAL CRIMINAL COURT. 
(a) IN GENERAL.—Not later than 60 days after the 
date of enactment of this Act, and on an ongoing basis 
thereafter, if the International Criminal Court is engaging 
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(b) SANCTIONS
DESCRIBED.—The sanctions de-
scribed in this subsection with respect to a foreign person 
described in subsection (a) are the following: 
(1) PROPERTY BLOCKING.—The President shall 
exercise all of the powers granted by the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.) to the extent necessary to block 
and prohibit all transactions in all property and in-
terests in property of any foreign person described 
in subsection (a)(1) if such property and interests in 
property are in the United States, come within the 
United States, or are or come within the possession 
or control of a United States person. 
(2) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
SION, OR PAROLE.— 
(A) VISAS, ADMISSION, OR
PAROLE.—In 
the case of an alien described in subsection (a), 
the alien is— 
(i) inadmissible to the United States; 
(ii) ineligible to receive a visa or other 
documentation to enter the United States; 
and 
(iii) otherwise ineligible to be admitted 
or paroled into the United States or to re-
ceive any other benefit under the Immigra-
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tion and Nationality Act (8 U.S.C. 1101 et 
seq.). 
(B) CURRENT VISAS REVOKED.— 
(i) IN GENERAL.—The visa or other 
entry documentation of an alien described 
in subparagraph (A) shall be revoked, re-
gardless of when such visa or other entry 
documentation was issued. 
(ii) IMMEDIATE
EFFECT.—A revoca-
tion under clause (i) shall— 
(I) take effect immediately; and 
(II) automatically cancel any 
other valid visa or entry documenta-
tion that is in the alien’s possession. 
(c) IMPLEMENTATION; PENALTIES.— 
(1) IMPLEMENTATION.—The President may ex-
ercise all authorities provided under sections 203 
and 205 of the International Emergency Economic 
Powers Act (50 U.S.C. 1702 and 1704) to carry out 
this section. 
(2) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of this section or any regulation, license, or 
order issued to carry out this section shall be subject 
to the penalties set forth in subsections (b) and (c) 
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of section 206 of the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1705) to the same ex-
tent as a person that commits an unlawful act de-
scribed in subsection (a) of that section. 
(d) NOTIFICATION TO CONGRESS.—Not later than 10 
days after any imposition of sanctions pursuant to sub-
section (a), the President shall brief and provide written 
notification to the appropriate congressional committees 
regarding the imposition of sanctions that shall include— 
(1) a description of the foreign person or per-
sons subject to the imposition of such sanctions, in-
cluding the foreign person’s role at or relation to the 
International Criminal Court; 
(2) a description of any activity undertaken by 
such foreign person or persons in support of efforts 
to investigate, arrest, detain, or prosecute any pro-
tected person; and 
(3) the specific sanctions imposed on such for-
eign person or persons. 
(e) WAIVER.— 
(1) IN GENERAL.—The President may, on a 
case-by-case basis and for periods not to exceed 90 
days each, waive the application of sanctions im-
posed or maintained with respect to a foreign person 
under this section if the President submits to the 
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appropriate congressional committees before the 
waiver is to take effect a report that contains a de-
termination of the President that the waiver is vital 
to the national security interests of the United 
States. 
(2) CONTENTS.—Each report required by para-
graph (1) with respect to a waiver of the application 
of sanctions imposed or maintained with respect to 
a foreign person under this section, or the renewal 
of such a waiver, shall include— 
(A) a specific and detailed rationale for the 
determination that the waiver is vital to the na-
tional security interests of the United States; 
(B) a description of the activity that re-
sulted in the foreign person being subject to 
sanctions; 
(C) a detailed description and list of ac-
tions the United States has taken to stop the 
International Criminal Court from engaging in 
any effort to investigate, arrest, detain, or pros-
ecute all protected persons; and 
(D) a detailed description and list of ac-
tions the International Criminal Court has 
taken to permanently close, withdraw, end, or 
otherwise terminate any preliminary examina-
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tion, investigation, or any other effort to inves-
tigate, arrest, detain, or prosecute all protected 
persons. 
(3) FORM.—Each report required by paragraph 
by paragraph (1) shall be submitted in unclassified 
form but may include a classified annex. 
(f) SPECIAL RULE.—The President may terminate 
the sanctions with respect to the foreign persons described 
in subsection (a) if the President certifies in writing to 
the appropriate congressional committees that the Inter-
national Criminal Court— 
(1) has ceased engaging in any effort to inves-
tigate, arrest, detain, or prosecute all protected per-
sons; and 
(2) has permanently closed, withdrawn, ended, 
and otherwise terminated any preliminary examina-
tion, investigation, or any other effort by the Inter-
national Criminal Court to investigate, arrest, de-
tain, or prosecute all protected persons. 
SEC. 4. RESCISSION OF FUNDS FOR INTERNATIONAL 
CRIMINAL COURT. 
(a) IN GENERAL.—Effective on the date of the enact-
ment of this Act, any amounts appropriated for the Inter-
national Criminal Court and available for obligation as of 
such date of enactment are hereby rescinded. 
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(b) PROHIBITION ON FUTURE APPROPRIATIONS.— 
On and after the date of the enactment of this Act, no 
appropriated funds may be used for the International 
Criminal Court. 
SEC. 5. DEFINITIONS. 
In this Act: 
(1) ADMITTED ALIEN.—The terms ‘‘admitted’’ 
and ‘‘alien’’ have the meanings given those terms in 
section 101 of the Immigration and Nationality Act 
(8 U.S.C. 1101). 
(2) ALLY OF THE UNITED STATES.—The term 
‘‘ally of the United States’’ means— 
(A) a government of a member country of 
the North Atlantic Treaty Organization; or 
(B) a government of a major non-NATO 
ally, as that term is defined by section 2013(7) 
of the American Service-Members’ Protection 
Act (22 U.S.C. 7432(7)). 
(3) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES
DEFINED.—The term ‘‘appropriate congres-
sional committees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Financial Services, and the Com-
mittee on the Judiciary of the House of Rep-
resentatives; and 
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(B) the Committee on Foreign Relations 
the Committee on Banking, Housing, and 
Urban Affairs, and the Committee on the Judi-
ciary of the Senate. 
(4) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States 
person. 
(5) IMMEDIATE
FAMILY
MEMBER.—The term 
‘‘immediate family member’’, with respect to a for-
eign person, means the spouse, parent, sibling, or 
adult child of the person. 
(6) INTERNATIONAL
CRIMINAL
COURT; ROME 
STATUTE.—The 
terms 
‘‘International 
Criminal 
Court’’ and ‘‘Rome Statute’’ have the meaning given 
those terms in section 2013 of the American Service- 
Members’ Protection Act (22 U.S.C. 7432). 
(7) PROTECTED PERSON.—The term ‘‘protected 
person’’ means— 
(A) any United States person, unless the 
United States provides formal consent to Inter-
national Criminal Court jurisdiction and is a 
state party to the Rome Statute of the Inter-
national Criminal Court, including— 
(i) current or former members of the 
Armed Forces of the United States; 
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(ii) current or former elected or ap-
pointed officials of the United States Gov-
ernment; and 
(iii) any other person currently or for-
merly employed by or working on behalf of 
the United States Government; 
(B) any foreign person that is a citizen or 
lawful resident of an ally of the United States 
that has not consented to International Crimi-
nal Court jurisdiction or is not a state party to 
the Rome Statute of the International Criminal 
Court, including— 
(i) current or former members of the 
Armed Forces of such ally of the United 
States; 
(ii) current or former elected or ap-
pointed government officials of such ally of 
the United States; and 
(iii) any other person currently or for-
merly employed by or working on behalf of 
such a government. 
(8) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
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(A) an individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity; or 
(C) any person in the United States. 
Æ 
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