Washington, DC – When Israeli Prime Minister Benjamin Netanyahu spoke before the U.S. Congress earlier this year, lawmakers stood and applauded him dozens of times.
Now that he is officially suspected of being a wanted war criminal by the International Criminal Court (ICC), the adoration he received in Washington in July from American politicians is turning to anger and threats against the court based in The Hague.
ICC pre-trial judges on Thursday issued arrest warrants for Netanyahu and his former Defense Minister Yoav Gallant on charges of using starvation as a method of warfare as well as crimes against humanity of murder, persecution and other inhumane acts.
The court found that there were reasonable grounds that the Israeli siege of Gaza “had created living conditions likely to lead to the destruction of part of the civilian population.”
With few exceptions, American politicians from both major parties have expressed outrage at the Court’s decision, with many questioning the Court’s legitimacy.
White House ‘rejects’ arrest warrants
President Joe Biden’s administration was quick to voice its opposition to the move.
“We fundamentally reject the court’s decision to issue arrest warrants against senior Israeli officials,” White House spokeswoman Karine Jean-Pierre told reporters.
“We remain deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling procedural errors that led to this decision. »
She did not identify the alleged errors.
The Biden administration raised eyebrows earlier this month when it said Israel had not violated the deadline for authorizing humanitarian aid to Gaza, contradicting the findings of major aid organizations.
Jean-Pierre also reiterated the US argument that the ICC has no jurisdiction over Israeli officials because Israel is not a party to the court.
But the Court rejected this justification, saying it had jurisdiction over the matter because Palestine – where the alleged crimes took place – accepts the Court’s authority.
U.S. officials have previously argued that the Palestinians do not have a state and therefore cannot adhere to the Rome Statute, the treaty that created the court. But Palestine, which joined the ICC in 2015, is a non-UN observer state.
Asked about calls to sanction justice officials, Jean-Pierre told reporters: “We are in consultation with our partners, including Israel, on our next steps. »
A recent Brown University study found that the Biden administration spent $17.9 billion on security aid to Israel over the past year – funds that were vital to Israel’s devastating war. American ally against Gaza.
Call for sanctions
While the outgoing Democratic administration has rebuked the ICC, Republicans have been even more forceful in condemning the Hague-based court and demanding sanctions against its officials.
Senator Lindsey Graham, an ally of President-elect Donald Trump, said it was time for the US government to sanction the ICC over its arrest warrants against Netanyahu and Gallant.
The U.S. House of Representatives passed a bill in June to impose sanctions on court officials, but the measure was not considered by the Democratic-controlled Senate.
Senate Majority Leader Chuck Schumer “must pass the bipartisan legislation from the House sanctioning the Court for such contempt and President Biden must sign it,” Graham wrote in a social media post.
In 2021, the Biden administration removed sanctions imposed by Trump on ICC officials, who will be sworn in for a second term on January 20.
Stand with Israel. Sanction the ICC.
– Rep. Richard Hudson (@RepRichHudson) November 21, 2024
New Trump aide warns of ‘strong response’
Congressman Mike Waltz, who is expected to become Trump’s national security adviser, criticized the court over the arrest warrants.
“The ICC has no credibility and these allegations have been refuted by the US government,” Waltz wrote in a social media post.
“Israel has legally defended its people (and) its borders against genocidal terrorists. You can expect a strong response to anti-Semitic bias from the ICC (and) the UN next January. »
Senator threatens ICC with ‘Hague Invasion Act’
Sanctions are not enough for Tom Cotton, a Republican senator known for calling for the use of military force, even against domestic protesters.
Reprimanding the ICC, Cotton invoked a U.S. law that authorizes the U.S. president to use “all necessary and appropriate means” to release detained Americans or allies at the request of the court.
In 2002, Congress passed the American Service-Members’ Protection Act, informally known as “The Hague Invasion Act” because it green-lighted military force against the ICC.
“The ICC is a puppet court and Karim Khan is a deranged fanatic,” Cotton wrote in a social media post.
“Woe to him and to anyone who tries to enforce these arrest warrants. »
Democrats condemn court
As is often the case, support for Israel – even in the face of allegations of horrific war crimes – brought together key figures from both major parties.
Pennsylvania Sen. John Fetterman used profanity and an Israeli flag emoji to make his point. “No status, relevance or path. F*** that,” he wrote in a social media post.
Florida Congressman Jared Moskowitz accused the ICC of “anti-Semitic double standards,” and Nevada Senator Jacky Rosen urged Biden to “use his authority to quickly respond to this overreach.”
For his part, New York Congressman Ritchie Torres accused the ICC of criminalizing self-defense.
Many rights groups have concluded that Israeli atrocities in Gaza, which U.N. experts have called genocide, are war crimes that do not fall under the right of self-defense.
“The ICC should be punished not for enforcing the law, but for distorting it beyond recognition,” Torres wrote in a social media post.
Tlaib hails ‘historic’ arrest warrants
Palestinian-American lawmaker Rashida Tlaib was one of the few dissenting voices to welcome the ICC decision.
Tlaib called on the Biden administration to end “complicity” in Israeli abuses.
“The long-awaited decision by the International Criminal Court to issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity signals that the era of Israel’s apartheid government acting with impunity is coming to an end. to its end,” Tlaib said in a statement.
“Since this genocide began, the United States has provided more than $18 billion in weapons to the Israeli government. The Biden administration can no longer deny that these same American weapons have been used in countless war crimes.
She added that Washington must immediately end all arms transfers to the “Israeli apartheid regime.”
“Today’s historic arrest warrants cannot bring back the dead and displaced, but they are a major step toward holding war criminals accountable,” added the MP.
My statement on the @IntlCrimCourt issue arrest warrants for Netanyahu and Gallant for war crimes and crimes against humanity: pic.twitter.com/C10EN1yy0q
– Rep. Rashida Tlaib (@RepRashida) November 21, 2024
Mayor says his city would arrest Netanyahu
Abdullah Hammoud, mayor of Dearborn, a Detroit suburb with a large Arab-American population, said the city would enforce the ICC arrest warrants for Gallant and Netanyahu.
“Dearborn will arrest Netanyahu (and) Gallant if they enter Dearborn city limits,” Hammoud wrote in a social media post.
“Other cities should report the same thing. Our president may not act, but city leaders can ensure that Netanyahu (and) other war criminals are not welcome to travel freely throughout these United States. »
The United States does not recognize the ICC’s jurisdiction on its soil, so it is unclear whether its municipalities have the power to arrest Netanyahu.
Still, Hammoud’s threat highlights the legal perils Netanyahu and Gallant will face around the world as formally accused war criminals.
