[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 270 Introduced in House (IH)]
114th CONGRESS
1st Session
H. RES. 270
Expressing the sense of Congress regarding the Palestinian Authority's
purported accession to the International Criminal Court for the purpose
of initiating prosecutions against Israeli soldiers, citizens,
officials, and leaders.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 18, 2015
Mr. Franks of Arizona (for himself and Mr. Vargas) submitted the
following resolution; which was referred to the Committee on Foreign
Affairs
_______________________________________________________________________
RESOLUTION
Expressing the sense of Congress regarding the Palestinian Authority's
purported accession to the International Criminal Court for the purpose
of initiating prosecutions against Israeli soldiers, citizens,
officials, and leaders.
Whereas the United States has committed its diplomatic efforts to obtaining a
genuine and durable peace agreement between the State of Israel and the
Palestinians, to be achieved through bilateral negotiations since the
signing of the Oslo Accords in 1993;
Whereas Congress reaffirms the United States commitment to a genuine and
sustainable peace, obtained through direct bilateral negotiations
between Israeli and Palestinian leadership, without the interference or
inclusion of Hamas, in keeping with United States commitments to
democracy, freedom, and the rights of all peoples to self-determination;
Whereas the Palestinian Authority, headed by President Mahmoud Abbas, has
engaged in a series of bad-faith actions bypassing and hindering the
United States peace-making efforts, and has undertaken multiple courses
of action hindering negotiations aimed at achieving a genuine and
sustainable peace settlement between the Palestinians and the State of
Israel;
Whereas the most recent of these bad-faith actions has been the Palestinian
Authority's pursuit of membership in the International Criminal Court
(ICC) and the initiation of prosecutions of Israeli leaders, citizens,
officials, and soldiers for alleged war crimes, which profoundly
undermines prospects for mutual recognition, dialogue, and
reconciliation;
Whereas Palestine Liberation Organization (PLO) elements of the Palestinian
leadership have stated that Palestinian accession to the ICC is only the
first step towards carrying out a total and continuous political and
judicial battle against the State of Israel outside of the agreed
negotiating framework;
Whereas Hamas, which is part of the Palestinian Authority's unity government
with Fatah, has called the purported Palestinian accession to the ICC a
first step by the international community to isolate Israel, calling on
the Palestinian Authority to widen the ambit of prosecutions;
Whereas the aforementioned conduct of the Palestinian Authority hinders the
peace process between Israel and the Palestinians and thus represents a
threat to the regional interests of the United States and the security
of its allies;
Whereas Congress recognizes that Israel has made significant breakthroughs in
advancing peace with its neighbors, as exemplified by its peace treaties
with Egypt and Jordan, and has demonstrated its good faith and enduring
determination and willingness to establish a genuine and sustainable
peace with the Palestinians;
Whereas Congress recognizes that Israeli leaders and soldiers have been forced
to defend Israel's citizens and civilians from unrelenting terrorist
attacks, including over 15,000 rocket and mortar attacks against
civilian communities, suicide bombings and cross-border tunnel attacks,
by undertaking military action in Gaza and in the West Bank;
Whereas Congress recognizes the commitment of Israel's civilian and military
leadership to applicable international legal norms, and the commitment
of the Israel Defense Forces to act strictly within the confines of the
Law of Armed Conflict in all of its military engagements;
Whereas Congress recognizes that the Israel Defense Forces doctrine of the
``Purity of Arms'' requires all Israeli soldiers to maintain their
humanity in combat, and forbids the use of armed force to harm non-
combatants or their property, enjoining all Israeli soldiers to do
everything in their ability to avoid harming the lives, body, honor and
property of non-combatants, and this doctrine remains the guiding rule
and policy of Israel's armed forces;
Whereas Israel's civilian judiciary is impartial and internationally respected,
and has established a well-earned reputation for being a champion of
human rights and respect for international legal norms;
Whereas Congress recognizes that Israel's internal mechanisms for examining and
investigating complaints and claims of violations of the Law of Armed
Conflict is internationally regarded and complies with Israel's
obligations under international law and ICC standards of
complementarity, in light of the general principles for conducting an
effective investigation under international law--independence,
impartiality, effectiveness and thoroughness, and promptness--and that
Israel's system ranks favorably with those of other democratic systems;
Whereas Israeli soldiers and Israeli officials involved in the defense of the
State of Israel should not, therefore, be the subject of frivolous or
politically motivated prosecutions by the International Criminal Court
or any other foreign tribunal;
Whereas Congress reaffirms the Administration's stance opposing and regarding as
legally invalid Palestinian membership in the ICC, which is open only to
sovereign states, and condemns the unilateral actions of the Palestinian
Authority to obstruct peace with Israel by moving to become a member of
the ICC, with the sole purpose of initiating wrongful and politically
motivated prosecutions of Israelis for alleged war crimes; and
Whereas the politically motivated use of international bodies weakens their
legitimacy and efficacy, and hinders the movement towards the universal
adoption of human rights norms: Now, therefore, be it
Resolved, That it is the sense of Congress that--
(1) the Palestinian Authority should withdraw its
application for membership to the International Criminal Court
(ICC);
(2) the Palestinian Authority should cease all attempts to
initiate, support, or encourage frivolous and politically
motivated war-crimes prosecutions against Israeli leaders,
officials, citizens or soldiers via the International Criminal
Court or any other international or national judicial body;
(3) the Palestinian Authority should demonstrate its
viability as a peace partner with the State of Israel by
returning to bilateral negotiations with Israel, without
preconditions, and cease to undertake bad-faith actions
demonstrating its non-viability as Israel's peace partner;
(4) the organs of the ICC should oppose the politicization
of international law by the Palestinian Authority by rescinding
Palestinian membership in the ICC, which is open only to
sovereign states, promptly closing any preliminary examination
and refraining from opening or authorizing any investigation
into the conduct of Israel's soldiers, officials, and leaders
on the basis of the legally invalid and politically motivated
Palestinian attempt to grant the ICC jurisdiction;
(5) the ICC should defer to Israeli jurisdiction and the
Israeli military and civilian judicial systems in cases
involving Israeli citizens, soldiers, or leaders since Israel
has proceeded with good-faith investigations and prosecutions
of alleged war crimes, demonstrating now, as in the past, its
genuine willingness to prosecute these matters; and
(6) the Administration should begin immediate substantive
consultations with Congress concerning Palestinian state-level
membership in the ICC.
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