The US opposes ICC arrest warrants for Israeli leaders

The Biden administration would not support any arrest warrants issued by the International Criminal Court for Israeli officials pertaining to the war against Hamas in Gaza.

“We do not support it,” White House press secretary Karine Jean-Pierre said at Monday’s press briefing, referring to the ICC’s investigation. “We don’t believe they have the jurisdiction.”

U.S. National Security Council coordinator John Kirby reiterated on Tuesday, “We don’t believe the ICC has any jurisdiction here. We don’t support this investigation.”

There have been varying reports this week that the ICC could unveil arrest warrants for senior Israeli leaders, including Prime Minister Benjamin Netanyahu, in the near future, though the court has not confirmed those reports.

The ICC is investigating both Hamas’s Oct. 7 terrorist attack that left roughly 1,200 people dead, with another roughly 250 people taken hostage, and Israel’s military response that has resulted in the deaths of tens of thousands of civilians. The death toll in Gaza, including combatants and civilians, exceeds 34,000 people, according to the Hamas-controlled Gaza Health Ministry.

Israel is not a member of the court, and neither is the United States, though any arrest warrants would limit their travel abroad and could serve as validation to Israel’s critics’ concerns.

On Friday, Netanyahu said any decision by the ICC would not affect Israel’s actions but could set a “dangerous precedent.”

“Under my leadership, Israel will never accept any attempt by the International Criminal Court in the Hague to undermine its basic right to defend itself,” he wrote in a Telegram post. “While decisions made by the court in the Hague will not affect Israel’s actions, they will set a dangerous precedent that threatens soldiers and public figures.”

Several U.S. lawmakers have reacted to the reports of possible ICC indictments, many of whom were critical.

House Speaker Mike Johnson (R-LA) called the reports “disgraceful,” “baseless,” and “illegitimate.”

“Such a lawless action by the ICC would directly undermine U.S. national security interests,” he said. “If unchallenged by the Biden administration, the ICC could create and assume unprecedented power to issue arrest warrants against American political leaders, American diplomats, and American military personnel, thereby endangering our country’s sovereign authority.”

Johnson continued: “The Biden administration must immediately and unequivocally demand that the ICC stand down, and the U.S. should use every available tool to prevent such an abomination.”

Republicans have largely echoed Johnson’s sentiment, in line with the party’s support for Israel throughout the war.

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House Foreign Affairs Committee Chairman Michael McCaul (R-TX) said warrants would be “a big mistake” that are “wholly unjustified and would set a dangerous precedent.” A member of his committee, Rep. Brian Mast (R-FL), publicly invited the president and prosecutor of the court to testify, though the likelihood of a hearing with ICC President Tomoko Akane and Prosecutor Karim Khan is unclear.

Israeli officials have frequently denied allegations of war crimes and of carrying out a genocide.