H.R.23 - Illegitimate Court Counteraction Act (119th Congress)
Summary
H.R.23, the Illegitimate Court Counteraction Act, aims to impose sanctions on the International Criminal Court (ICC) and individuals associated with it if the ICC investigates, arrests, detains, or prosecutes protected persons of the United States and its allies. The bill targets actions against the U.S. and allies who have not consented to ICC jurisdiction or are not state parties to the Rome Statute. It also rescinds funds for the ICC and prohibits future appropriations.
Expected Effects
The act would likely strain relationships with countries that support the ICC and could hinder international cooperation on certain issues. Sanctions could deter the ICC from investigating U.S. persons or allies, but may also be viewed as an attempt to undermine international justice. The rescission of funds would eliminate financial support for the ICC from the US.
Potential Benefits
- Protects U.S. personnel and allies from potential ICC prosecution when the U.S. has not consented to ICC jurisdiction.
- Reinforces U.S. sovereignty by asserting that the ICC lacks legitimacy over the U.S. and its allies in certain cases.
- Potentially deters the ICC from pursuing investigations against U.S. persons or allies.
- Upholds the American Servicemembers' Protection Act.
- Prevents U.S. taxpayer dollars from supporting an organization perceived as overreaching its jurisdiction.
Most Benefited Areas:
Potential Disadvantages
- Could harm U.S. relationships with allies who support the ICC and its mission.
- May be viewed as undermining international justice and the pursuit of accountability for war crimes and crimes against humanity.
- Could set a precedent for other countries to disregard international legal institutions.
- May limit the ability of the U.S. to cooperate with the ICC in certain situations where it aligns with U.S. interests.
- Could be perceived as protecting individuals from legitimate investigations into alleged wrongdoing.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's constitutionality is complex. Congress has the power to regulate foreign commerce and define offenses against the law of nations (Article I, Section 8). However, the bill's potential impact on international treaties and customary international law raises questions. The bill could be viewed as an infringement on the President's power to conduct foreign policy. The act does not appear to infringe on any individual liberties enumerated in the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).