Meanwhile, Congresswoman Tlaib praises the arrest warrants, with the Dearborn mayor also supporting the ICC’s decision.
US officials have opposed the International Criminal Court’s (ICC) issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas commander Mohammed Deif over alleged war crimes and crimes against humanity.
The ICC stated that a pre-trial chamber had rejected Israel’s challenges to its jurisdiction, finding “reasonable grounds” to hold the three men “criminally responsible.” The charges include allegations of murder, persecution, and starvation as methods of warfare.
Although Israel claims Deif was killed in a July airstrike, the ICC prosecutor’s office said it could not confirm his status. For Deif, the chamber cited “reasonable grounds” to hold him accountable for murder, extermination, torture, and sexual violence as crimes against humanity. Hamas denied the allegations but praised the warrants against Netanyahu and Gallant, calling them a “historical precedent.”
Netanyahu denounced the ICC as “antisemitic,” accusing it of seeking to delegitimize Israel’s right to self-defense. “It’s a dark day in the history of humanity,” he said, labeling the ICC an “enemy of humanity.”
Meanwhile, President Joe Biden’s administration expressed “fundamental” opposition to the warrants, criticizing the ICC’s decision as an overreach.
“We fundamentally reject the court’s decision to issue arrest warrants for senior Israeli officials,” White House spokesperson Karine Jean-Pierre told reporters. She highlighted “troubling process errors” in the ICC’s proceedings but did not specify the issues.
Republicans went further, calling for sanctions against the Hague-based tribunal.
Senator Lindsey Graham urged Senate leaders to pass a sanctions bill already cleared by the House. “The Senate needs to pass this bipartisan legislation sanctioning the Court for such an outrage, and President Biden needs to sign it,” Graham posted on social media.
Republican Senator Tom Cotton, known for his hardline stances, suggested invoking the American Service-Members’ Protection Act, also called the “Hague Invasion Act.”
The 2021 removal of ICC sanctions by the Biden administration has been a point of contention for conservatives. Following the ICC’s recent actions, officials linked to the incoming Trump administration voiced strong objections.
Congressman Mike Waltz, slated to serve as Trump’s national security adviser, accused the ICC of antisemitic bias. “The ICC has no credibility,” he posted, calling the warrants a baseless attack on Israel’s right to defend itself.
White House Questions ICC Jurisdiction
Jean-Pierre reiterated the US stance that the ICC lacks jurisdiction over Israel. “The ICC has no authority over Israeli officials because Israel is not a party to the court,” she said, echoing long-standing US objections to ICC actions against Israel. However, the ICC maintains its jurisdiction over Gaza and the West Bank, as Palestine recognized the court’s authority in 2015 as a UN non-member observer state.
Support for ICC’s Decision
Palestinian American Congresswoman Rashida Tlaib praised the ICC warrants, calling them “historic.” She urged the Biden administration to halt arms sales to Israel, citing alleged abuses by Israeli forces. “The United States has provided more than $18 billion in weapons to the Israeli government. The Biden Administration can no longer deny that those same US weapons have been used in countless war crimes,” she wrote.
Tlaib further called for an immediate halt to arms transfers to Israel, adding, “Today’s historic arrest warrants cannot bring back the dead and displaced, but they are a major step towards holding war criminals accountable.”
Dearborn Mayor Threatens Action
In a rare move by a local government, Abdullah Hammoud, mayor of Dearborn, Michigan, supported enforcing the ICC warrants. Dearborn, home to a significant Arab American population, would arrest Netanyahu and Gallant if they entered the city, Hammoud declared. “Our president may not act, but city leaders can ensure Netanyahu and other war criminals are not free to travel across these United States.”
While the US does not recognize ICC jurisdiction within its borders, Hammoud’s statement highlights the potential legal challenges Netanyahu and Gallant may face internationally following the ICC’s action.
International Reactions
While the United States rejected the ICC decision, several European nations expressed willingness to comply with the court’s mandates. The White House reaffirmed its alignment with Israel, disputing ICC jurisdiction over Gaza, the West Bank, and East Jerusalem.
Italy and the Netherlands confirmed they would enforce the warrants if the individuals entered their territories.
With 124 ICC member nations obligated to act on its warrants, enforcement remains inconsistent. Russian President Vladimir Putin, who faces an ICC warrant for actions in Ukraine, visited Mongolia in September without arrest.
EU foreign policy chief Josep Borrell stated that the ICC decision is binding for all EU members, a sentiment echoed by several European countries.
Netanyahu and Gallant could face travel restrictions in ICC member states. The UK declined to speculate on whether Netanyahu would be arrested if he visited.
The Palestinian Authority celebrated the ICC’s decision as a “correction to historical injustice” and urged countries to cut ties with the Israeli leaders named in the warrants. For Gaza residents who lost loved ones in the conflict, the news brought hope. “The court’s decision may ease some of my pain,” said Munira al-Shami, whose sister died in an Israeli airstrike, “but justice will only be served when those responsible are brought to trial.”