On Monday, May 20th, the Chief Prosecutor of the International Criminal Court (ICC) announced that they are seeking arrest warrants for several high-ranking Israeli officials, including the Israeli Prime Minister. This move has faced strong criticism from U.S. President Joe Biden and Secretary of State Antony Blinken. Biden described the ICC’s actions as “outrageous.”
“They’d like to make one thing clear: there is no equivalence between Israel and Hamas. We will always stand with Israel and work together to address threats to its security,” Biden stated in a press release.
Secretary of State Blinken also condemned the ICC’s actions, stating that the Prosecutor’s attempt to equate Israel with Hamas is disgraceful. “Hamas is a brutal terrorist organization responsible for some of the most severe massacres of Jews since the Holocaust, still holding dozens of innocent individuals, including Americans, captive,” he emphasized.
Blinken questioned the ICC’s jurisdiction and the application process, noting that it could jeopardize hostage negotiations and ceasefire talks. “Fundamentally, this decision does not help achieve a ceasefire agreement and may even put it at risk, an agreement that would rescue hostages and increase humanitarian aid,” he added.
A spokesperson for British Prime Minister Boris Johnson also criticized the ICC Prosecutor’s decision to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu as unhelpful.
ICC Prosecutor Karim Khan stated that after more than seven months since the Gaza conflict, he has reasonable grounds to believe that Netanyahu, the Israeli Defense Minister, and three Hamas leaders bear criminal responsibility for war crimes.
Although Israel is not a member of the ICC, Blinken mentioned that Israel is prepared to cooperate with the court. The Prosecutor was set to visit Israel next week, but decided to announce the charges on television instead.
“The circumstances surrounding this and other decisions raise doubts about the legitimacy and credibility of this investigation,” Blinken asserted.
Regarding the ICC Prosecutor’s decision, Johnson’s spokesperson stated, “This action is of no benefit in halting the fighting, rescuing hostages, or providing humanitarian assistance.”
The spokesperson reiterated that the International Criminal Court has no authority to issue arrest warrants. “Like other countries, the UK has not recognized Palestine as a state, and Israel is not a signatory to the Rome Statute,” they clarified.
The Rome Statute outlines the jurisdiction of the International Criminal Court.
In 2020, the Trump administration criticized the ICC for authorizing an investigation into alleged war crimes committed by the U.S. in Afghanistan, claiming it violated U.S. national sovereignty. Sanctions were imposed on ICC staff, including then-Prosecutor Fatou Bensouda.
The Biden administration lifted these sanctions in April 2021.