Israel, the International Criminal Court & Universal Jurisdiction

U.S. Law & Palestinian/Arab ICC Blackmail


Current Law:
H.R. 1625 Consolidated Appropriations Act, 2018, United States Congress, enacted March 23, 2018

"DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018
...
Sec. 7041.
...
(m)West Bank and Gaza.--
...
(2) Limitations.--
(A)
(i) None of the funds appropriated under the heading 'Economic Support Fund' in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act--
...

(II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.
...

(B)
(i) The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100-204) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act--

(I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation against Israeli nationals for alleged crimes against Palestinians.

(ii) Not less than 90 days after the President is unable to make the certification pursuant to clause (i) of this subparagraph, the President may waive section 1003 of Public Law 100-204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided, That any waiver of the provisions of section 1003 of Public Law 100-204 under clause (i) of this subparagraph or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act."

Editor's Note: Section 1003 of the Anti-Terrorism Act of 1987, Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100204) prohibited the PLO from maintaining an office in the United States. However, the President has been allowed to waive this prohibition since 1994 if he certifies that allowing a PLO office on U.S. soil serves the purposes of Middle East peace.

Prior Versions of the Law:
H.R.244 Consolidated Appropriations Act, 2017, United States Congress, enacted May 3, 2017

"DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2017
...
Middle East and North Africa
Sec. 7041.
...
(l) WEST BANK AND GAZA.-

(2)Limitations-
(A)
(i)None of the funds appropriated under the heading 'Economic Support Fund' in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act-
...

(II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.

...
(B)
(i)The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100204) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act-

(I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and
(II) taken any action with respect to the ICC that is intended to influence a determination by the ICC to initiate a judicially authorized investigation, or to actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians."

H.R.2029 - Consolidated Appropriations Act, 2016, United States Congress, enacted December 18, 2015

"DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2016
...
Middle East and North Africa
Sec. 7041.
...
(j) WEST BANK AND GAZA.-
...
(2)Limitations-
(A)
(i)None of the funds appropriated under the heading 'Economic Support Fund' in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act-
...

(II) the Palestinians initiate an International Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.

...
(B)
(i)The President may waive the provisions of section 1003 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Public Law 100204) if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the appropriate congressional committees that the Palestinians have not, after the date of enactment of this Act-

(I) obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians; and
(II) taken any action with respect to the ICC that is intended to influence a determination by the ICC to initiate a judicially authorized investigation, or to actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians."

H.R.83 - Consolidated and Further Continuing Appropriations Act, 2015, United States Congress, enacted December 16, 2014

"DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2015
...
Middle East and North Africa
Sec. 7041.
...
(i) West Bank and Gaza.--
...
(A)
(i)None of the funds appropriated under the heading 'Economic Support Fund' in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act-
...

(II) the Palestinians initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians."


American Service-Members' Protection Act of 2002, United States Congress, enacted August 2, 2002