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Shaheen says Democrats want changes to ICC bill to protect contractors, member states

Talks were still ongoing Monday evening about the bill ahead of an initial procedural vote on Tuesday afternoon

Anna Moneymaker/Getty Images

Sen. Jeanne Shaheen (D-NH) speaks during a news conference alongside Sen. Patty Murray (D-WA) and (L) and Sen. Chris Murphy (R) following the weekly Senate Democratic policy luncheon meeting at the U.S. Capitol Building on September 19, 2023 in Washington, DC.

Sen. Jeanne Shaheen (D-NH), the top Democrat on the Senate Foreign Relations Committee, outlined Democrats’ demands for changes to legislation sanctioning the International Criminal Court on Monday evening, ahead of the Senate’s first procedural vote on the bill scheduled for Tuesday afternoon.

In brief comments to reporters, Shaheen said she’s asking Republicans for changes to the bill to “address the businesses that are doing business with the ICC and the member states, so that they’re not automatically sanctioned just for being a member.”

Shaheen said that Democrats are seeking changes to the bill, not just votes on amendments to it.

She said that negotiations were still ongoing as of Monday evening, and that “some” Republicans appear open to the proposed changes. Shaheen spoke to Sen. Tom Cotton (R-AR), the lead sponsor of the legislation, on the Senate floor on Monday, before meeting privately with other Democrats on the Senate Foreign Relations Committee.

The sanctions push comes in response to the ICC’s decision in November to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

Shaheen’s comments are the first public articulation of Senate Democrats’ negotiating position on the bill, which they’ve kept private in recent days as the caucus worked behind the scenes to strategize about the legislation, which is likely to split Democrats.

House Democrats had previously expressed similar concerns — that the legislation as written could impact companies providing services to the ICC, potentially including U.S. tech companies — as well as U.S. allies that are members of the ICC.

The Senate is set to vote on Tuesday afternoon on a motion to open debate on the legislation, which requires a 60-vote majority. The vote will likely provide some insight on which Democrats are likely to ultimately support the legislation during final passage.

Some Democrats appear to support the currently drafted legislation, and it’s unclear whether a sufficient number of others might be willing to do the same to give Republicans leeway to refuse amendments. The administration also has the authority to implement the sanctions through executive order, though a subsequent administration could repeal them.

When asked about her position on the bill, Sen. Elissa Slotkin (D-MI), noted that she voted in favor when it came before the House last year. She previously suggested to JI that her vote would remain the same.

Sen. John Fetterman (D-PA) said last week he supported the bill in its current form and encouraged other Democrats to vote to pass it through the upper chamber. 

Sen. Ruben Gallego (D-AZ), who also voted for the bill in the House last year, told JI he’s waiting to see the results of the negotiations. “We’re waiting to see what the final version of it is, then we’ll make determinations,” he said.

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