The International Criminal Court (ICC) prosecutor has reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders have committed war crimes and crimes against humanity during the Israel-Hamas conflict. President Biden has condemned the move as outrageous, while Secretary of State Antony Blinken has rejected the ICC's equivalence of Israel with Hamas.
President Biden has strongly condemned the International Criminal Court's (ICC) decision to pursue arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, calling it "outrageous." The ICC prosecutor, Karim Khan, announced on Monday that his office has "reasonable grounds" to believe Netanyahu, Gallant, and Hamas leaders have committed "war crimes and crimes against humanity" since the onset of the Israel-Hamas war on Oct. 7.
Biden said in a statement that there is "no equivalence" between Israel and Hamas, adding that the United States will always stand with Israel against threats to its security. Secretary of State Antony Blinken also criticized the ICC's announcement, saying that the State Department rejects the prosecutor's equivalence of Israel with Hamas, calling it "shameful."
Blinken argued that the ICC has no jurisdiction over this matter and that the prosecutor's actions undermine the principle of complementarity, which requires the ICC to defer to national investigations. He also noted that the ICC has allowed other states time to investigate allegations, but has not afforded the same opportunity to Israel.
The decision has also sparked division among Democrats, with some supporting the ICC's move and others expressing concerns about its potential impact on peace efforts. The American Civil Liberties Union (ACLU) has criticized the ICC's actions, saying that they could undermine the rule of law and set a dangerous precedent.
The ICC's investigation focuses on alleged war crimes and crimes against humanity committed during the 2014 Gaza conflict, in which over 2,000 Palestinians and 73 Israelis were killed. The ICC is not a member state of the United Nations and its jurisdiction is limited to crimes committed by nationals of or on the territory of states that are party to the Rome Statute, the treaty that established the court.
Israel is not a party to the Rome Statute and has rejected the ICC's jurisdiction. The Palestinian Authority, which is a party to the Rome Statute, has welcomed the ICC's investigation.
The ICC's decision to pursue arrest warrants is a significant development and could have a major impact on the ongoing conflict between Israel and Hamas. It remains to be seen how the international community will respond and whether the warrants will be executed.
