A bill seeking to sanction the International Criminal Court after its chief prosecutor accused the Israeli Prime Minister Benjamin Netanyahu of War crimes has recently been ratified by the US House. The bill was passed by the Republicans and scored 247 to 155 in the House of Representatives. The bill also gained support from 42 members of the Democratic Party against the wishes of its leadership.
Texas Republican Rep Chip Roy is introducing the Illegitimate Court Counteraction Act that mandates penalties and visa bans on foreign individuals that work for or fund the International Criminal Court in cases against the US and its allies or any other country that is not a member of the ICC.
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Arrest Warrant on Netanyahu
In context of the October 7th attacks on Israel and the subsequent war in Gaza, the International Criminal Court has prosecuted Hamas Leader Yahya Sinwar and Israeli Prime Minister Benjamin Netanyahu for committing crimes against humanity and lodged an arrest warrant against them. It is also seeking to lodge warrants against Israel’s Defence Minister Yoav Gallant and other Hamas leaders including Mohammad Diab Ibrahim al-Masri and Ismail Haniye.
Netanyahu and Gallant have been charged for “ causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies and deliberately targeting civilians in conflict.” This case marks the first time that a close ally of the US has been prosecuted by the court. The court’s decision has also attracted criticism for placing an elected leader and a terrorist on the same pedestal.
Following this decision, Netanyahu now joins the company of Russian President Vladimir Putin who has been issued an arrest warrant for Russia’s War in Ukraine and Libyan Revolutionary Muammar Gaddafi who was facing an arrest warrant for alleged crimes against humanity.
Background on the International Criminal Court
The ICC is an independently operating criminal court that deals with individuals as opposed to the International Court of Justice that deals with nations, thus differentiating their jurisdictions. The ICC is located in the Hague, Netherlands and is governed by the Rome Statute which is also its founding treaty and was adopted in July, 1998. The court officially commenced its operations in 2002. 124 countries are parties to the treaty but notable exceptions include India, US, Russia and Israel.
According to the directives of the court, all signatories of the Rome Statute are mandated to comply with its decisions. Thus implying that international travel for Netanyahu would become extremely challenging especially to its closest allies including Germany and the United Kingdom as they are bound to arrest him.
Joe Biden’s Response
The ICC’s decision received criticism from both the parties in the US. President Joe Biden went on to say that there was “no equivalence between Israel and Hamas” starkly displaying his denunciation. In response to the bill, The White House released a statement on Monday saying that although it was deeply concerned about the ICC’s actions, Biden’s administration ‘strongly opposes’ the legislation. “There are more effective ways to defend Israel, preserve U.S. positions on the ICC, and promote international justice and accountability, and the Administration stands ready to work with Congress on those options” the statement read.
