The Biden administration has previously expressed strong opposition to the ICC's involvement in investigating Israel's actions in Gaza but has stated that it does not support sanctions against the international court.
In a May statement, President Joe Biden described the ICC prosecutor’s request for arrest warrants against Israeli leaders as "outrageous." He asserted, “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.”
In early June, the House of Representatives passed a bill to sanction anyone involved with ICC efforts to “investigate, arrest, detain, or prosecute any protected person of the United States and its allies.” However, the bill has not yet been voted on in the Senate.
Incoming Senate Majority Leader John Thune warned on Sunday that he would pursue sanctions against the ICC if the court and its prosecutor do not reverse their “outrageous and unlawful actions” regarding arrest warrants for Israeli officials. He stated, “If Majority Leader Schumer does not act, the Senate Republican majority will stand with our key ally Israel and prioritize this and other supportive legislation in the next Congress,” in a post on X.
During his first term, President Donald Trump imposed sanctions on the former ICC chief prosecutor.
CNN has reached out to the State Department and NSC for comments on the ICC’s issuance of the arrest warrants on Thursday.
Condemnation of Israel
Israeli President Isaac Herzog called the warrants “a dark day for justice and humanity.” In a statement on X, he expressed that “the outrageous decision by the ICC has turned universal justice into a universal laughing stock and mocks the sacrifices of those who fight for justice.”
He added that the decision “overlooks the fact that Israel was barbarically attacked and has both the duty and right to defend its people. It disregards Israel's status as a vibrant democracy operating under international humanitarian law and its efforts to address the humanitarian needs of the civilian population.”
Recently appointed Israeli Foreign Minister Gideon Sa’ar stated that the ICC is functioning as a political tool for the most extreme elements that seek to undermine peace, security, and stability in the Middle East.
“From an ethical standpoint, this is a moral aberration that transforms good into evil and supports the forces of evil,” he stated. “Diplomatically, issuing orders against a country that acts in accordance with international law rewards and encourages the axis of evil led by Iran, which consistently and blatantly violates it.”
Far-right National Security Minister Itamar Ben Gvir condemned the ICC as “antisemitic from start to finish,” asserting that Israel should respond by “applying sovereignty” to the occupied West Bank and expanding Jewish settlements in all territories under Israeli control.
Gallant served as defense minister until this month when Netanyahu dismissed him after prolonged clashes over domestic politics and Israel’s war efforts. The prime minister noted that “trust between me and the minister of defense has cracked.” Israel Katz, who had been serving as foreign minister, was appointed as the new defense minister.
What comes next?
Eliav Lieblich, a professor of international law at Tel Aviv University, characterized the ICC’s decision as “the most significant legal development in Israel's history.”
He explained to CNN, “The immediate implication is that the 124 state parties to the ICC, including most of Israel’s closest allies, would be legally required to arrest Netanyahu and Gallant if they enter their territories.”
Lieblich also noted potential broader implications, which “could restrict the ability of third parties to cooperate with” the Israeli military.
Once an arrest warrant is issued, the ICC sends requests for cooperation to its member states. The court does not have its own police force to make arrests; instead, it depends on member states to carry out these actions, which they are legally obligated to do.
Leaders who have faced ICC arrest warrants have encountered restrictions on their travel, often unable to enter countries that are obliged to arrest them.
The ICC has issued 56 arrest warrants, leading to 21 detentions and court appearances. Currently, 27 individuals remain at large, and charges have been dropped against 7 people due to their deaths.
No comments:
Post a Comment