The Israeli-American Civic Action Network (ICAN) is deeply disappointed by Rep. Jake Auchincloss's vote against H.R. 23, the Illegitimate Court Counteraction Act, a bipartisan effort to shield Israeli leaders from politically motivated and illegitimate prosecutions by the International Criminal Court (ICC). This legislation is essential to counter the ICC's actions, which threaten not only Israel but also America's closest allies.
Rep. Auchincloss is the sole Jewish member among Massachusetts' nine-member congressional delegation. He represents the 4th Congressional District, which encompasses parts of the Greater Boston area and extends into southeastern Massachusetts. This district is home to the state's largest Israeli-American community, including vibrant Jewish and Israeli-American populations in Newton, Brookline, Needham, Sharon, and other surrounding communities. These areas are known for their deep cultural ties to Israel and strong support for pro-Israel policies. Many residents are closely engaged in advocacy efforts to strengthen the U.S.-Israel alliance and expect their elected officials to act decisively in defense of Israel and its leaders in support of U.S. national security priorities.
Although Rep. Auchincloss has expressed support for Israel as a member of Congress, his recent actions raise questions and stir confusion. In a statement, Rep. Auchincloss described the H.R. 23 as "an overly broad and inappropriate response" to the ICC's actions and argued that it "could expose U.S. allies to potential sanctions, undermining multilateral efforts to fight back against the axis of Russia, China, and Islamist extremists like Iran and Hamas." However, these concerns appear misplaced, as neither Russia, China, nor Iran are members of the Rome Statute and thus are not directly impacted by this legislation. Furthermore, Hamas and other Islamist entities have actively weaponized the ICC against Israel and its allies, highlighting the importance of measures like H.R. 23 to counter such threats.
Unfortunately, this vote represents a disappointing pattern of behavior. While we appreciate the Congressman's votes last year on H.R. 8034, the Israel Security Supplemental Appropriations Act, 2024, which provided emergency funding to support Israel's defense needs, and H.R. 6679, aimed at amending the Immigration and Nationality Act concerning aliens involved in attacks against Israel, his votes against previous ICC accountability bills, the Antisemitism Awareness Act, and the DETERRENT Act are concerning and confusing.
For instance, the Antisemitism Awareness Act (H.R. 6090), passed by the House on May 1, 2024, with a significant bipartisan majority, was designed to enhance federal efforts to combat antisemitism, especially in educational settings. Rep. Auchincloss voted against this critical measure, citing concerns about its potential to limit academic freedom and calling it unconstitutional while fully supporting the Trump administration's Executive Order 13899 against antisemitism, which is far broader than the legislation he opposed.
Similarly, the DETERRENT Act (H.R. 5933), passed by the House on December 6, 2023, sought to enhance oversight and disclosure requirements regarding foreign funding of institutions of higher education, specifically to guard against malicious foreign influence that could harm American education and national security. Despite the act's focus on transparency and its clear intent to protect American students, Rep. Auchincloss voted against this vital legislation.
Taken together, these votes reflect a troubling pattern of opposition to measures aimed at combating antisemitism and safeguarding American institutions from harmful foreign interference.
In addition, by opposing H.R. 23, Rep. Auchincloss has weakened efforts to counter ICC overreach, leaving U.S. military personnel more vulnerable to politically motivated prosecutions. The ICC has already attempted to investigate alleged war crimes by U.S. forces in Afghanistan despite the United States not being a party to the Rome Statute. This vote undermines the bipartisan American Servicemembers' Protection Act of 2002, enacted to safeguard U.S. military personnel from such international legal overreach.
Furthermore, the Congressman's vote erodes the principle that U.S. servicemembers and veterans should only be accountable to U.S. laws and courts under the Uniform Code of Military Justice (UCMJ). Weakening protections for allied leaders like those in Israel sets a dangerous precedent that could embolden adversaries such as Iran and Hamas to exploit international legal systems against American forces and their commanders.
And, by failing to provide an alternative to address the ICC's targeting of Israel and its allies, Rep. Auchincloss has not only undermined Israel but also compromised the safety and sovereignty of America's military personnel. This is unacceptable.
ICAN strongly urges Rep. Auchincloss take immediate steps to rectify these votes by committing to support future measures that counter international bias against Israel, protect its leaders, and uphold the sovereignty of U.S. servicemembers and veterans. America's alliance with Israel and the security of those who serve in its defense is too important to be undermined by empty promises or misguided votes.
We urge all pro-Israel advocates to hold Rep. Auchincloss accountable for his votes and demand that he stand with Israel and the U.S. military in both word and deed. Israel's security and the strength of the U.S.-Israel alliance depend on it.