US lawmakers blast ICC prosecutor’s Israel request for arrest warrants
Republican lawmakers threaten to impose ‘consequences’ for International Criminal Court officials, including travel bans.
By Al Jazeera Staff
May 20, 2024 05:03 PM
Lawmakers in the United States have slammed the International Criminal Court’s (ICC’s) 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 tribunal.
Joe Biden was less confrontational in his criticism of Monday’s announcement by ICC Prosecutor Karim Khan, however Karim Khan, the US president has branded the action “outrageous”.
Khan is requesting the arrest of Israeli Premier Benjamin Netanyahu and Defence Minister Yoav Gallant, as along with three high-ranking Hamas officials.
Khan has accused Israeli leaders of taking “criminal responsibility” for war crimes and crimes against humanity committed in Gaza. Gaza Strip, including intentional attacks on civilians, blatant murders and the hunger among civilians as a tool of war.
The reaction in Washington, DC – where Israel is able to count on a solid support in the legislature of each of the Democratic as well as Republican parties It was quick.
Republican Senator Tom Cotton said Monday’s announcement indicates that the ICC is charged with investigating atrocities against humanity, and other crimes — can be described as “a farce”.
“My colleagues and I look forward to make sure neither Khan, his associates nor their families will ever set foot again in the United States,” Cotton wrote on X.
The @IntlCrimCourt is not a court in Israel. pic.twitter.com/KzJnS1upjl
— Tom Cotton (@SenTomCotton) May 20, 2024
Republican congressman Anthony D’Esposito said the ICC was “playing with fire”, writing on social media that “there will be serious consequences if they proceed.”
Brian Mast, another Republican in the House of Representatives, stated: “America doesn’t recognize the International Criminal Court, but the court sure as hell will recognize what happens when you target our allies.”
The US neither Israel are members of the Rome Statute, under which the ICC was created and neither acknowledge the court’s jurisdiction.
Palestine is a non-member observer nation of the United Nations, formally acknowledged the jurisdiction of the ICC in the year 2015 by extending the court’s power to investigate crimes committed in the occupation of the Palestinian territory.
Many Republican lawmakers had advised Khan in late April to refrain from seeking arrest warrants for Netanyahu or any other Israeli officials, after reports circulated that an application was looming.
“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 published in the month of April.
This letter has been signed by more than a dozen of the most prominent Republican senators among them Cotton, Mitch McConnell, Ted Cruz, Marco Rubio and Tim Scott.
“Target Israel and we will be targeting you. If you continue to move forward … we’ll take action to stop the entire American assistance to the ICC and your associates and employees, and ban you and your family out of to the United States. You’ve been warned.” the report concluded.
For months, human rights organizations and Palestinian advocates have been urging Khan along with the ICC to issue an arrest warrant for Israeli officials who are involved in the conflict and the siege of Gaza. Gaza Strip.
Israeli strikes on coastal enclave of Gaza have murdered more than 30,000 Palestinians in the years since conflict began in the beginning of October, triggering accusations that Israel committed genocide.
The severe Israeli restrictions on food, water and medical supplies, as well as fuel and other vital aid that are not allowed into Gaza are also causing the humanitarian crisis.
On Monday, in his speech, Khan said: “Israel, like all states, has a right to defend its population,” however, this doesn’t “absolve Israel of its obligations to comply with international humanitarian law”.
He added, “It is critical in this moment to ensure that my office, as well as all the other components of court perform our work in complete integrity and independence.
“And I am insistent that any attempts to block or intimidate or in any way influence officials of this court stop immediately. Our office won’t be hesitant to act as per the rules in Article 70, of the Rome Statute, if such behavior continues to persist.”
Article 70 provides for “impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties” is an crime that the court is able to prosecute.
Biden administration’s position
Biden denied what he described as an attempt to contrast Hamas’ actions with those of Israel as well as Hamas.
“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous,” Biden stated in the statement. “And I want to be explicit: despite what this prosecutor is trying to convey there isn’t any equivalence there is no equivalence in the relationship between Israel as well as Hamas. We will always be with Israel when it comes to security threats.”
Although Biden took office in 2021, promising to engage with international institutions following his predecessor, Donald Trump’s isolationist policies and the US remains in an conflicting relation with ICC.
A spokesperson from the US Department of State said Washington believes that the ICC is competent to handle the Gaza situation. Gaza.
“We have made clear that we do not believe the ICC has jurisdiction in this case and oppose their investigation,” Matthew Miller told reporters.
The Biden administration has offered largely inconstant military and diplomatic assistance to Israel during its war against Gaza that has led to widespread criticism and protests.
A few members of Biden’s Democratic Party have joined calls for the US president to end the aid that is provided to Israel. Others have also expressed their support for arrest warrants against Netanyahu as well as other Israeli leaders, pointing out that international law should be interpreted in a uniform manner.
If Netanyahu will speak to Congress I’d be happy to guide the ICC the path on the House floor in order to issue the warrant.
The same goes for Hamas leader.
Ceasefire. Do not use weapons that are offensive. Medicine, water and food must be able to pass through. https://t.co/AAXTtoB5Gl
— Mark Pocan (@MarkPocan) May 20, 2024
Nancy Okail, president of the Center for International Policy, which is a think tank based in the United States has demanded to the US the government “to fully cooperate with – and in no way impede – the ICC process currently underway on this matter”.
“One must not be in agreement with the allegations of the prosecutor to be able to defend the credibility of the court, its procedures and the law that it is charged with enforcing. Any attempt to punish or harass the officers or judges of the court should be firmly decried,” she said in an announcement on Monday.
“The United States should also fulfill its own obligations and immediately cease military support enabling the violations of human rights and international law enumerated in the requested ICC warrants.”
