The United States has voiced its disapproval of the International Criminal Court’s (ICC) investigation into Israel’s conduct during its Gaza offensive. Israeli officials have reportedly expressed apprehensions that the Hague-based tribunal might issue arrest warrants, a concern raised by Prime Minister Benjamin Netanyahu during a weekend call with President Joe Biden. “We’ve been very clear about the ICC investigation, that we don’t support it, we don’t believe that they have the jurisdiction,” White House Press Secretary Karine Jean-Pierre stated at a briefing. According to The New York Times, Israeli officials have indicated that Netanyahu himself could face charges, along with potential indictments against Hamas leaders. Jean-Pierre did not corroborate claims reported by Axios that Netanyahu had implored Biden to prevent the court from issuing warrants against Israeli officials during their Sunday conversation. “The primary focus of that call was obviously the hostage deal and getting to a ceasefire, getting humanitarian aid into Gaza,” she added. She further refrained from commenting on reports that Washington had communicated with the ICC, warning that the issuance of any warrants could jeopardize efforts to secure a ceasefire and a hostage deal between Israel and Hamas. The ICC has not publicly commented on these reports. However, in recent days, several Israeli officials have denounced any potential action by the court against Israel as “outrageous.”
“Under my leadership, Israel will never accept any attempt by the ICC to undermine its inherent right of self-defense,” Netanyahu declared on Friday. “While the ICC will not affect Israel’s actions, it would set a dangerous precedent that threatens the soldiers and officials of all democracies fighting savage terrorism and wanton aggression.” Foreign Minister Israel Katz asserted that his country would “not bow our heads or be deterred” by the legal threat. “If the warrants are issued, they will harm the commanders and soldiers of the IDF (Israeli army) and provide a morale boost to the terrorist organization Hamas and the axis of radical Islam led by Iran against which we are fighting,” Katz said over the weekend.
The United States and Israel are not members of the ICC. Nonetheless, the ICC initiated an investigation in 2021 into Israel, Hamas, and other armed Palestinian groups for potential war crimes committed in the Palestinian territories. ICC Prosecutor Karim Khan has indicated that the investigation now encompasses hostilities that have occurred since Hamas’s attacks on Israel in October 2021.
The ICC, the world’s sole independent court established to prosecute the most severe offenses, including genocide, war crimes, and crimes against humanity, has previously issued warrants for national leaders. Most recently, Russian President Vladimir Putin was indicted for the invasion of Ukraine. While the likelihood of actual arrests in such cases remains low, warrants can hinder international travel for those indicted.
