US lawmakers have criticized the International Criminal Court’s (ICC) decision to seek arrest warrants for senior Israeli officials accused of war crimes in Gaza, with some Republicans threatening to impose “consequences” against the international court.
Joe Biden was less confrontational in his opposition to the announcement made Monday by ICC prosecutor Karim Khan, but the American president still described the decision as “scandalous”.
Khan is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant as well as three senior Hamas officials.
Khan accused Israeli leaders of taking “criminal responsibility” for war crimes and crimes against humanity in the Gaza Strip, including intentional attacks on civilians, intentional killings and starvation of civilians as a weapon of war.
The response in Washington, DC – where Israel enjoys the unwavering support of lawmakers from both the Democratic and Republican parties – was swift.
Republican Senator Tom Cotton said Monday’s announcement showed that the ICC – tasked with investigating war crimes, crimes against humanity and other atrocities – was “a farce”.
“My colleagues and I look forward to ensuring that neither Khan, his associates, nor their families ever set foot in the United States again,” Cotton wrote on X.
THE @IntlCrimCourt has no jurisdiction in Israel. pic.twitter.com/KzJnS1upjl
– Tom Cotton (@SenTomCotton) May 20, 2024
Republican Rep. Anthony D’Esposito said the ICC was “playing with fire,” writing on social media that “there would be serious consequences if it moves forward.”
Brian Mast, another Republican in the House of Representatives, said: “America does not recognize the International Criminal Court, but the Court will certainly recognize what happens when you target our allies.” »
Neither the United States nor Israel is a party to the Rome Statute, under which the ICC was established, nor do they recognize the jurisdiction of the Court.
Palestine, a non-member observer state to the United Nations, formally accepted the jurisdiction of the ICC in 2015, expanding the Court’s authority to investigate atrocities committed in the occupied Palestinian territory.
Several Republican lawmakers had warned Khan in late April against requesting an arrest warrant against Netanyahu or other Israeli officials after reports began circulating that such a request was imminent.
“Such actions are illegitimate and lack legal basis, and if carried out, will result in severe sanctions against you and your institution,” they wrote in a letter made public this month.
The letter was signed by a dozen prominent Republican senators, including Cotton, Mitch McConnell, Ted Cruz, Marco Rubio and Tim Scott.
“Target Israel and we will target you. If you move forward…we will end all U.S. support for the ICC, sanction your employees and associates, and bar you and your families from entering the United States. You have been warned,” he concludes.
For months, human rights groups and Palestinian advocates have urged Khan and the ICC to seek arrest warrants for Israeli leaders involved in the war and siege of the Gaza Strip.
Israeli attacks on the coastal enclave have killed more than 35,000 Palestinians since the war began in early October, sparking accusations that Israel has committed genocide.
Israel’s severe restrictions on water, food, medical supplies, fuel and other essential assistance entering Gaza have also created a humanitarian crisis.
In his announcement Monday, Khan said, “Israel, like all states, has the right to defend its population,” but that does not “absolve Israel of its obligations to comply with international humanitarian law.”
He also said: “It is essential at this time that my office and all parts of the tribunal continue to conduct their work with complete independence and impartiality.
“And I insist that all attempts to obstruct, intimidate or unduly influence officials of this court cease immediately. My office will not hesitate to take action, in accordance with the provisions of article 70 of the Rome Statute, if such conduct continues and persists. »
Article 70 makes it “obstructing, intimidating or corruptly influencing an official of the Court with the aim of forcing or persuading that official not to exercise or to exercise improperly his functions » as an offense within the jurisdiction of the court.
The Biden administration’s position
Biden rejected what he presented as an attempt to compare the actions of Israel and Hamas.
“The ICC prosecutor’s request for an arrest warrant against Israeli leaders is outrageous,” Biden said in a statement. “And let me be clear: whatever this prosecutor may imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security. »
While Biden came to power in 2021 pledging to reconnect with international institutions after the isolationist stance of his predecessor Donald Trump, the United States continues to have tense relations with the ICC.
Last week, a US State Department spokesperson said Washington did not believe the ICC had jurisdiction over the situation in Gaza.
“We have made it clear that we do not believe the ICC has jurisdiction in this matter and we oppose their investigation,” Matthew Miller told reporters.
The Biden administration has provided largely unwavering diplomatic and military support to Israel during its war on Gaza, sparking widespread protests and criticism.
Some members of Biden’s Democratic Party have joined calls for the US president to end aid to Israel. Others also expressed support for the arrest warrants issued against Netanyahu and other Israeli leaders, emphasizing that international law must be applied fairly.
If Netanyahu comes to address Congress, I would be more than happy to direct the ICC to the House to issue this warrant.
Ditto for the leader of Hamas.
Ceasefire. No offensive weapons. Food, water and medicine must pass.
–Mark Pocan (@MarkPocan) May 20, 2024
Nancy Okail, president of the Center for International Policy, a U.S.-based think tank, urged the U.S. government “to cooperate fully with — and in no way obstruct — the ICC process currently underway on this issue “.
“It is not necessary to agree with the prosecutor’s allegations to respect and defend the legitimacy of the court, its procedures and the law it is charged with upholding. Any attempt to penalize or intimidate the court or its officials must be categorically condemned,” she said in a statement on Monday.
“The United States should also fulfill its own obligations and immediately cease its military support enabling the violations of human rights and international law listed in the arrest warrants requested by the ICC. »