Washington — Senate Democrats on Tuesday blocked a Republican-led measure that would sanction the International Criminal Court, arguing that the bill as written would backfire on U.S. allies and companies.
Sen. John Fetterman of Pennsylvania was the only Democrat to vote with Republicans to advance the legislation. In a 54 to 45 vote, the bill fell short of the 60 votes needed to move it forward.
“The bill before us is poorly drafted and deeply problematic. It will have many unintended consequences that undermine its primary goal,” Senate Minority Leader Chuck Schumer, a New York Democrat, said ahead of the vote.
Earlier this year, the House passed the legislation that would punish the ICC over the decision to seek the arrests of top Israeli officials, including Prime Minister Benjamin Netanyahu, over alleged war crimes.
The measure passed the lower chamber last June with the support of 42 Democrats, further exposing Democratic divisions over the war in Gaza. The bill was ignored by the Senate, which was then controlled by Democrats.
Rep. Chip Roy, a Texas Republican, and Rep. Brian Mast of Florida, the Republican chairman of the House Foreign Affairs Committee, reintroduced the bill earlier this month, arguing that the “illegitimate” court “represents a massive threat to U.S. sovereignty.”
This time, 45 House Democrats voted in favor.
The legislation seeks to sanction those involved in “any effort to investigate, arrest, detain, or prosecute any protected person of the United States and its allies.” The sanctions include revoking U.S. visas held by ICC officials, blocking their entry into the U.S. and preventing them from property transactions.
Though Democrats have criticized the court for attempting to punish Israeli officials, those opposed to the bill have argued that the measure is too broad and could lead to consequences penalizing those it does not intend to target, such as U.S. technology companies who provide services to the ICC but have no role in making investigative or prosecutorial decisions.
“These sanctions will make it almost impossible to engage the court on other issues in our national interest,” Sen. Jeanne Shaheen of New Hampshire said Tuesday in a floor speech, adding that it could harden the court’s position.
Shaheen, the top Democrat on the Senate Foreign Relations Committee, said she unsuccessfully tried to negotiate changes to the bill with Sen. Tom Cotton, the Arkansas Republican who leads the Senate Intelligence Committee. Cotton said the concerns were unfounded.
