H.R. 23 · 119th Congress · House

Illegitimate Court Counteraction Act

Passed SenateForeign Policy

Introduced 2025-01-03 · Sponsored by Rep. Roy, Chip [R-TX-21] (R-TX) · Last updated 2026-03-31

Last action (2025-01-28): Cloture on the motion to proceed to the measure not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 22. (CR S410)

Summary

Would sanction anyone who helps the International Criminal Court investigate, arrest, or prosecute Americans or citizens of allied countries. The US never ratified the treaty that created the ICC, and this bill treats the court's authority over Americans as illegitimate. Protected persons include US nationals and citizens of allied nations that also haven't joined the ICC.

The Good

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Protects Americans and allies from ICC prosecution

Imposes sanctions on foreign persons who assist the International Criminal Court in investigating, arresting, or detaining US nationals or nationals of allied countries. Supporters argue the ICC lacks jurisdiction over non-member states.

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Defends US sovereignty over its own legal system

The US has never ratified the Rome Statute establishing the ICC. Proponents argue that allowing an international court to prosecute Americans undermines constitutional protections including the right to trial by jury.

The Bad

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Undermines international accountability for war crimes

The ICC exists to prosecute genocide, war crimes, and crimes against humanity when national courts fail to do so. Sanctioning anyone who cooperates with the court sends a message that the US opposes international justice mechanisms, even for the most serious offenses.

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Sanctions could affect allied governments and humanitarian organizations

The broad language covers anyone who assists the ICC, potentially including staff at allied governments, NGOs, and international organizations. This creates diplomatic complications and could chill cooperation with other international institutions the US values.

Vote Record

Senate, 2025-01-28

Cloture on Motion to Proceed

54 Yea45 Nay0 NV
Republicans
53Y / 0N
Democrats
1Y / 43N / 1NV
Independents
0Y / 2N

Passed Congress.gov — Senate Roll Call #22

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