US Senate Democrats on Tuesday blocked a Republican-led effort to sanction the International Criminal Court in protest of its arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant over Israel’s campaign in Gaza.
The chamber voted 54-45 in favor of the bill, meaning the measure, which had already passed the Republican-majority House of Representatives, could not get the 60 votes needed in the 100-member Senate to advance the bill.Sen. John Fetterman (D-PA) was the only member of his party to vote in favor of the legislation.
“Deeply disappointed by the outcome of the ICC sanctions bill,” Fetterman wrote on X/Twitter after the vote. “My vote follows Israel – not the ICC that equivocated the democratically elected leader of our special ally to the terrorists and rapists of Hamas.”
Deeply disappointed by the outcome of the ICC sanctions bill. My vote follows Israel—not the ICC that equivocated the democratically elected leader of our special ally to the terrorists and rapists of Hamas. https://t.co/ziqMAhNkWs
— U.S. Senator John Fetterman (@SenFettermanPA) January 28, 2025
In a post on X, AIPAC thanked Fetterman for his “principled pro-Israel leadership” and for standing with Israel “against the ICC’s baseless attacks.”
The Illegitimate Court Counteraction Act would have imposed sanctions on any foreigner who investigates, arrests, detains, or prosecutes US citizens or those of an allied country, including Israel, who are not members of the court.
It passed the House of Representatives earlier this month 243-140, as 45 Democrats joined the majority Republicans in favor.
In the Senate, Democrats said they agreed with much of the bill, but it was too broad and risked alienating important US allies and imposing sanctions on lower-level workers at the court in the Netherlands. New Hampshire Sen. Jeanne Shaheen, the top Democrat on the Foreign Relations Committee, said the party had tried to reach a compromise with Republicans but could not do so.
Republicans had said they hoped the bill would pass in time for US President Donald Trump to sign it into law soon after his January 20 inauguration, especially with Netanyahu due to visit him at the White House on February 4.
The Republican Jewish Coalition condemned the Democrats’ vote, calling Senate Minority Leader Chuck Schumer’s “last-minute excuses” pathetic.
“Rogue prosecutor Karim Khan is seeking warrants for the arrest of Prime Minister Netanyahu and other Israeli officials even though Israel, like the United States, does not recognize the ICC as a legitimate source of legal authority,” the RJC said.
Senate Majority Leader John Thune expressed concern with the ICC targeting Americans and American soldiers in the future.
'Criminals in the world have a friend'
“Last year, I committed to putting this bill on the floor when Republicans were in the majority,” Thune wrote on X. “Today, I’m following through on that promise.”
After the vote, Senate Majority Whip John Barrasso wrote on X that “criminals in the world today have a friend – the International Criminal Court.”
Barrasso said the ICC targets Israel while letting “evil regimes around the world” off the hook.
“Right now Republicans are holding the ICC accountable with sanctions. Democrats are blocking us,” Barrasso wrote. “Why?”