Illegitimate Court Counteraction Act
Illegitimate Court Counteraction Act is a proposed U.S. bill that would aggressively counter the International Criminal Court (ICC) if it takes any steps to investigate, arrest, detain, or prosecute individuals defined as “protected persons” of the United States and its allies. The core idea is to deter ICC actions by imposing broad sanctions on foreign individuals connected to such ICC efforts, revoke ICC funding, and bar future U.S. funding to the ICC. The bill cites the United States not being a party to the Rome Statute and argues ICC actions against Israel and U.S. allies are illegitimate. It would empower the President to impose stringent penalties under the International Emergency Economic Powers Act (IEEPA), including asset blocking and visa bans, and would require congressional notifications and potential waivers. The act also provides mechanisms to terminate sanctions if the ICC ceases its activities against “protected persons.” In short, it seeks to preempt ICC action against U.S. or allied officials by using economic and immigration tools and by cutting ICC funding.
Key Points
- 1Sanctions trigger and scope: If the ICC engages in any attempt to investigate, arrest, detain, or prosecute a “protected person,” the President must impose sanctions on foreign individuals who directly engage in or materially support such ICC efforts (including those acting on behalf of ICC efforts). Immediate family members of those individuals can also face sanctions.
- 2Sanctions described: Targeted measures include blocking property and interests in property under U.S. jurisdiction and denying visas or other entry privileges to the described foreign persons (and revoking existing visas immediately). These provisions use the International Emergency Economic Powers Act for enforcement.
- 3Funding ban: The bill rescinds all funds appropriated for the ICC as of enactment and prohibits any future ICC funding.
- 4Implementation, penalties, and oversight: The President would administer sanctions under IEEPA, with penalties mirroring those in that statute’s applicable provisions. The President must notify Congress within 10 days of any sanctions imposition, including details about the designated individuals and the specific actions taken. The bill also allows for case-by-case waivers (up to 90 days each) with detailed reporting to Congress, and provides rules for terminating sanctions if the ICC ceases its relevant actions.
- 5Definitions and scope: The bill defines “protected person” broadly to include U.S. persons and, for allies, citizens or residents of allied nations who have not consented to ICC jurisdiction or are not Rome Statute parties. It also defines “ally of the United States,” “foreign person,” and other terms to clarify who may be sanctioned and under what circumstances.