U.S. and Israel slam ICC for issuing arrest warrants against Netanyahu and Gallant

11/26/2024 / By Belle Carter

The world is currently watching the United States and Israel as both nations “fundamentally rejected” the International Criminal Court’s (ICC) arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.

Outgoing U.S. President Joe Biden has also called the ICC decision “outrageous.”

“Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas. We will always stand with Israel against threats to its security,” Biden added.

Moreover, a National Security Council spokesperson told reporters that the administration remains deeply concerned by the prosecutor’s rush to seek arrest warrants and the troubling process errors that led to this decision. He said that the U.S. has been clear that the ICC does not have jurisdiction over the matter.

He also stated that the Biden administration has been discussing the next steps with partners, including Israel.

Moreover, U.S. opposition leaders also rebuked the decision. Sen. Lindsey Graham (R-SC) even called the ICC “a dangerous joke.”

“It is now time for the U.S. Senate to act and sanction this irresponsible body,” Graham stressed.

Sen. Tom Cotton (R-AR) also invoked the 2002 American Service-Members’ Protection Act, also known as “The Hague Invasion Act,” which authorizes the use of military force to liberate any U.S. citizen or citizen of a U.S.-allied country arrested in The Hague.

“The ICC is a kangaroo court and Karim Khan is a deranged fanatic,” Cotton wrote on X, formerly Twitter.

The ICC is a kangaroo court and Karim Khan is a deranged fanatic. Woe to him and anyone who tries to enforce these outlaw warrants. Let me give them all a friendly reminder: the American law on the ICC is known as The Hague Invasion Act for a reason. Think about it.

— Tom Cotton (@SenTomCotton) November 21, 2024

The decision on whether Netanyahu and Gallant will be detained will be determined by each of the 124 member states of the ICC. Incidentally, the United States, which is a nonmember, has previously welcomed ICC arrest warrants against Russian President Vladimir Putin and other Russian officials. (Related: ICC issues arrest warrants for Netanyahu and Gallant for war crime of deliberate starvation and crimes against humanity.)

Back in 2020, the first administration of now President-elect Donald Trump opposed attempts by the ICC to investigate U.S. soldiers and the Central Intelligence Agency (CIA) involved in alleged war crimes between 2003 and 2004 “in secret detention facilities in Afghanistan.” Trump even issued sanctions against ICC prosecutors.

However, the Biden administration undid the said sanctions shortly after assuming office.

Mixed reactions of world leaders on the ICC arrest warrant against Israeli officials

Following the announcement, Netanyahu’s office described the move as “anti-Semitic,” adding Israel won’t “give in to pressure” in defense of its citizens.

In separate comments, the Israeli leader compared the decision to “the modern-day Dreyfus trial – and it will end in the same way,” referring to Alfred Dreyfus, a Jewish army captain who was wrongly convicted of treason in France.

Gallant said he was proud of the privilege he had in leading Israel’s security and defense systems during a time of war, adding that Israel will continue this war until all of the objectives are met.

Hungarian Foreign Minister Peter Szijjarto sided with Israel as it condemned the ICC decision, calling it “shameful and absurd.” Prime Minister Viktor Orban said he would invite Netanyahu to visit and defy the ICC arrest warrant.

Argentinian President Javier Milei said that his nation “declares its deep disagreement” with the decision. The warrant “ignores Israel’s legitimate right to self-defense against the constant attacks by terrorist organizations like Hamas and Hezbollah,” he said.

Meanwhile, a German government spokesperson said that the country will “carefully examine” the ICC’s arrest warrants but will not take further steps until a visit to the country.

“The Federal Government was involved in the drafting of the ICC Statute and is one of the ICC’s biggest supporters. This position is also a result of German history,” the spokesperson said. “At the same time, a consequence of German history is that we have a unique relationship and a great responsibility to Israel.”

Foreign Policy Chief Josep Borrell, signified their respect for the ICC decision and said that warrants were not political and should be respected and implemented.

“This decision is a binding decision and all states, all state parties of the court, which include all members of the European Union, are binding to implement this court decision,” he said.

International organizations such as the United Nations also sided with the ICC with Secretary-General Antonio Guterres’ saying that the UN “respects the work and independence” of the ICC, as reported by his spokesman Stephane Dujarric.

Amnesty International said that the “wheels of international justice have finally caught up with those alleged to be responsible for war crimes and crimes against humanity in Palestine and Israel.”

Human Rights Watch also weighed in its opinion: “The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law.”

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