US officials slammed the International Criminal Court’s decision to issue an arrest warrant against Israeli Prime Minister Benjamin Netanyahu and his former defense minister as a “dangerous” act invalidating the Jewish state’s right to defend itself.
The White House rejected Thursday’s decision against Netanyahu and former defense chief Yoav Gallant, with incoming Senate Majority Leader John Thune (R-SD) vowing to place sanctions against the ICC next year.
“The ICC’s arrest warrant against Prime Minister Netanyahu and former Defense Minister Gallant is outrageous, unlawful, and dangerous,” Thune said.
“Israel has a right to defend itself, and the ICC’s rogue actions only enable the terrorists who seek to wipe Israel off the map,” he added.
What to know about the International Criminal Court
What is the International Criminal Court?
The International Criminal Court (ICC) is a global court established in 2002 with the power to prosecute the gravest crimes of concern to the international community, including war crimes, crimes against humanity and genocide. It is a court of last resort that intervenes when member states are unwilling or unable to do so themselves. It is governed by an international treaty called the Rome Statute and is based in the Dutch city of The Hague.
Are Israel and the US members?
The ICC has 124 member states and can prosecute crimes committed by nationals of member states or on the territory of member states by others. Israel and the US are not members and do not recognize its jurisdiction. Palestinian territories were admitted as a member state in 2015.
Will Netanyahu be arrested?
All 124 member states of the ICC are obliged by the court’s founding statute to arrest and hand over any individual subject to an ICC arrest warrant if they set foot on their territory. However, the court has no police force and has no means of enforcing an arrest. Sanctions for not arresting someone despite a warrant are also little more than a diplomatic slap on the wrist.
Can Netanyahu still travel?
Yes, an ICC arrest warrant is not a travel ban. However, the prime minister does risk arrest if he travels to a member state. There are also no restrictions on political leaders, lawmakers or diplomats from meeting individuals with an ICC arrest warrant against them.
Fellow Sen. Lindsey Graham (R-SC), a close ally to President-elect Donald Trump, echoed Thune’s criticisms and warning to The Hague.
“The Court is a dangerous joke. It is now time for the US Senate to act and sanction this irresponsible body,” Graham said.
House Minority Leader Hakeem Jeffries (D-NY) also slammed the decision as “shameful,” vowing that Democrats would also stand by Israel.
“I stand with the Biden administration in fundamentally rejecting this unserious decision. America’s commitment to the security of Israel is ironclad and we will continue to stand by Israel’s right to defend itself against terror,” Jeffries said.
Mike Pompeo, Trump’s former secretary of state, said the ICC’s decision ultimately “rewards” Hamas, calling the arrest warrants a clear act of antisemitism.
“Outrageous and disgraceful that the ICC is issuing arrest warrants for Israeli leaders, including PM Netanyahu,” Pompeo wrote on X.
“This is not justice.”
The White House National Security Council said America does not recognize The Hague’s decision and slammed ICC prosecutor Karim Khan for pushing along the arrest warrants despite strong opposition from the US earlier this year.
“We remain deeply concerned by the Prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision,” a council spokesperson said.
Stephanie Hallett, the US deputy chief of mission at the US Embassy in Israel, added that the ICC has no jurisdiction in the case, agreeing with Israel’s argument as the Jewish state is not a member of the court.
Hallett also criticized Khan’s allegedly unwillingness to travel to Israel and meet with officials during the ICC’s investigation over the alleged war crimes committed by Netanyahu and Gallant.
The tribunal accuses the Israeli leaders of “crimes against humanity and war crimes” through Israel’s war campaign in Gaza since Oct. 8, which has left more than 44,000 Palestinians dead, according to the Hamas-run Ministry of Health.
The court also sought an arrest warrant against Hamas military chief Mohammed Deif, the last remaining top official who helped plan and lead the Oct. 7 massacre that left 1,200 dead in Israel, with 251 others kidnapped.
Along with the US, officials in Argentina and Hungary have rejected the ICC’s decision, slamming the suggestion that Israel’s actions are equivalent to that of Hamas’.
The Netherlands, where The Hague is based, vowed to uphold the warrant and arrest Netanyahu and Gallant if they ever set foot on Dutch soil.
The UK, Italy and France all said they also support the ICC, but noted that they will convene with other European leaders to discuss what to do about the warrants.
European Foreign Policy Chief Josep Borrell said the court’s ruling was a legal matter, not a political one, saying member nations should respect and uphold the arrest warrants.
Given that Israel is not a member of the ICC, Netanyahu and Gallant have no fears of being arrested at home, but the warrants risk further isolating the Jewish state as the war in Gaza and Lebanon rage on.
