Washington, DC – Earlier this year, Israeli Prime Minister Benjamin Netanyahu received numerous standing ovations from members of the United States Congress during his address. However, following his designation as a formally suspected war criminal by the International Criminal Court (ICC), the admiration he garnered in Washington, DC, has shifted to anger and threats directed at the tribunal based in The Hague.
On Thursday, ICC pre-trial judges issued arrest warrants for Netanyahu and his former Defence Minister Yoav Gallant, accusing them of employing starvation as a tactic of warfare, along with committing crimes against humanity, including murder, persecution, and other inhumane acts.
The court determined that the Israeli blockade of Gaza “created conditions of life calculated to bring about the destruction of part of the civilian population.” With few exceptions, politicians from both major parties in the US expressed outrage over the court’s ruling, with many questioning its legitimacy.
WHITE HOUSE ‘REJECTS’ WARRANTS The Biden administration quickly expressed its disapproval of the ruling. White House spokesperson Karine Jean-Pierre told reporters, “We fundamentally reject the court’s decision to issue arrest warrants for senior Israeli officials. We remain deeply concerned by the prosecutor’s haste in seeking these warrants and the troubling procedural errors that led to this decision.” She did not specify what those errors were.
Earlier this month, the Biden administration raised eyebrows by stating that Israel had not breached a deadline for providing humanitarian aid to Gaza, contradicting assessments from leading aid organizations. Jean-Pierre reiterated the US position that the ICC lacks jurisdiction over Israeli officials since Israel is not a party to the court.
However, the court has dismissed that argument, asserting its jurisdiction based on Palestine’s acceptance of the court’s authority, where the alleged crimes took place. US officials have previously contended that Palestinians do not have a state and, therefore, cannot join the Rome Statute, the treaty that established the court. Nevertheless, Palestine, which became a member of the ICC in 2015, is recognized as a non-member observer state of the United Nations.
When asked about potential sanctions against court officials, Jean-Pierre stated, “We are in consultation with our partners, including Israel, regarding our next steps.” A recent study from Brown University revealed that the Biden administration allocated $17.9 billion in security assistance to Israel over the past year, funds crucial to the US ally’s extensive military actions in Gaza.
CALL FOR SANCTIONS While the outgoing Democratic administration criticized the ICC, Republicans expressed even stronger condemnation of the tribunal and called for punitive measures against its officials. Senator Lindsey Graham, a supporter of President-elect Donald Trump, stated that it is time for the US government to impose sanctions on the ICC for its warrants against Netanyahu and Gallant. In June, the US House of Representatives passed a bill to sanction court officials, but the Democratic-controlled Senate has yet to consider the measure.
Graham urged Senate Majority Leader Chuck Schumer to advance the bipartisan legislation from the House that would penalize the court for its actions, calling on President Biden to sign it. In 2021, the Biden administration lifted sanctions on ICC officials that had been imposed by Trump, who is set to be inaugurated for a second term on January 20. Stand with Israel. Sanction the ICC. — Rep. Richard Hudson (@RepRichHudson) November 21, 2024
INCOMING TRUMP AIDE WARNS OF ‘STRONG RESPONSE’ Congressman Mike Waltz, who is expected to serve as Trump’s national security adviser, criticized the court for its arrest warrants. “The ICC has no credibility, and these allegations have been rebutted by the US government,” Waltz stated in a social media post. “Israel has lawfully defended its people [and] borders against genocidal terrorists. Expect a strong response to the antisemitic bias of the ICC [and] UN come January.”
SENATOR THREATENS ICC WITH ‘HAGUE INVASION ACT’ For Senator Tom Cotton, a Republican known for advocating military action, sanctions are insufficient. He denounced the ICC and referenced a US law that empowers the president to use “all means necessary and appropriate” to rescue Americans or allied individuals detained at the court’s request.
In 2002, Congress enacted the American Service-Members’ Protection Act, informally referred to as “The Hague Invasion Act,” which authorizes military action against the ICC. “The ICC is a kangaroo court, and Karim Khan is a deranged fanatic,” Cotton remarked in a social media post. “Woe to him and anyone who attempts to enforce these outlaw warrants.”
DEMOCRATS CONDEMN COURT As is often the case, support for Israel – even in light of serious allegations of war crimes – has united key figures from both political parties…