Can ICC sanctions get to 60 votes in the Senate?
There are early signals that some Democrats will back the bill, but none are telegraphing their views yet
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Legislation imposing sanctions on the International Criminal Court is expected to pass the House on Thursday with bipartisan support, but it remains unclear whether it can pick up sufficient Democratic backing in the Senate to meet the 60-vote threshold in the upper chamber.
Depending on when it comes up for a Senate vote, the legislation will likely need seven or eight Democrats’ votes to pass. There are early signals that some Democrats will back the bill, but none are offering concrete stances yet.
Sen. Elissa Slotkin (D-MI), who voted for the bill as a House member last year, told Jewish Insider that she hadn’t given the issue any thought yet, but “I tend to vote consistently.”
A spokesperson for Sen. Jacky Rosen (D-NV) told JI she supports sanctions in concept, but will want to review the specific bill that Republicans plan to bring forward.
“Sen. Rosen supports sanctioning the ICC in response to its biased targeting of Israel, and she hopes this can be done in a bipartisan way,” the spokesperson said. “She looks forward to reviewing the legislation that comes before the Senate.”
The bill has not yet been formally introduced in the Senate. Senate Majority Leader John Thune (R-SD) has described the legislation as an early priority, but has not yet specified a concrete timeline for its advancement.
Four other Senate Democrats served in the House when the ICC sanctions bill initially came up for a vote last year. Sen. Ruben Gallego (D-AZ) voted for the legislation but did not respond to a request for comment, Sen. Andy Kim (D-NJ) was not present, while Sen. Adam Schiff (D-CA) and Sen. Lisa Blunt Rochester (D-DE) voted against it.
Sen. John Fetterman (D-PA) told JI last May that sanctions “should be a part of our conversation, 100%,” but did not respond to a request for comment on his plans for the vote.
Then-Senate Majority Leader Chuck Schumer (D-NY) told JI last year that he has “always had deep concerns about the ICC’s long-term, anti-Israel bias,” but a spokesperson declined to say how he might vote before a vote is officially announced.
Sens. Mark Kelly (D-AZ), Gary Peters (D-MI), Richard Blumenthal (D-CT), Catherine Cortez-Masto (D-NV) and Chris Murphy (D-CT) all told JI on Tuesday they hadn’t yet seen Republicans’ proposed legislation and would need to review it before saying how they might vote.
Blumenthal has condemned the ICC in the past for seeking arrest warrants against Israel but told JI in November that sanctions, while deserved, “may dignify the warrant more than it deserves.”
Sen. Raphael Warnock (D-GA) said he was considering the issue but wouldn’t elaborate further.
Other Democrats may still be hoping for an opportunity to reach a compromise, which proved elusive last year. Sen. Jeanne Shaheen (D-NH), the ranking member on the Senate Foreign Relations Committee, told JI on Tuesday she’s “looking at whether there’s an opportunity to offer an alternative.”
AIPAC is lobbying lawmakers to support the ICC sanctions, while J Street, the progressive Israel advocacy group, is urging lawmakers not to support the legislation.