ICC cautions against coercion as US and Israel criticize potential warrants

International Criminal Court Prosecutor Karim Khan’s office condemned any attempts to intimidate the court from carrying out its duties, likely in response to U.S. and Israeli statements criticizing possible ICC charges against Israeli leaders over the war in Gaza.

The ICC is considering whether to file charges against Israeli leaders, including Prime Minister Benjamin Netanyahu, though it’s unclear when they could be announced, if at all. Amid the reports, both Israeli and U.S. leaders have said they wouldn’t support any warrants.

“The Office seeks to engage constructively with all stakeholders whenever such dialogue is consistent with its mandate under the Rome Statute to act independently and impartially. That independence and impartiality are undermined, however, when individuals threaten to retaliate against the Court or against Court personnel should the Office, in fulfillment of its mandate, make decisions about investigations or cases falling within its jurisdiction,” the prosecutor’s office said.

The court is investigating Hamas’s Oct. 7 terrorist attack in Israel that left roughly 1,200 people dead and another roughly 250 taken hostage and Israel’s military response in Gaza. The death toll in Gaza, including combatants and civilians, exceeds 34,000 people, according to the Hamas-controlled Gaza health ministry.

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.”

Arrest warrant repercussions

Israel is not a member of the court, but arrest warrants would limit the people they’re filed against from traveling abroad. Additionally, should the ICC issue arrest warrants, it would serve as a victory for Israel’s critics.

House Speaker Mike Johnson (R-LA) is among several U.S. lawmakers who were critical of the possible ICC warrants.

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“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.”

A bipartisan group of senators met virtually with ICC senior officials on Wednesday to express their concerns over possible Israeli arrest warrants, according to Axios.