The US opposes a potential International Criminal Court (ICC) arrest warrant for Israeli officials such as prime minister Benjamin Netanyahu.
That’s no surprise. As part of its spending package in March, the US congress passed a bill that would reduce funding to the Palestinian Authority if Palestinians initiate or support an ICC investigation into Israeli war crimes.
The Palestinian Authority is a limited governing power in the Israeli occupied West Bank.
The US’s bogus rationale for stopping a Netanyahu arrest warrant
Now, the US says it opposes an ICC warrant for Israelis because the ICC has “no jurisdiction”. But that’s not true. While Israel is not party to the ICC, Palestine joined the court in 2015.
Russia is also not party to the ICC, but that didn’t stop the court in 2023 issuing an arrest warrant for Vladimir Putin for war crimes in Ukraine, which can accept the court’s jurisdiction on a case basis.
So the ICC can issue a warrant for Israeli crimes committed in Palestine.
Indeed, US president Joe Biden welcomed the international warrant for Putin, even though the US is also not signed up to the court.
The difference is Israel is a staunch ally of the US, which supplies the state with $3.8bn per year in military aid. Apparently it thus doesn’t matter that Israel has killed over 14,500 Palestinian children since 7 October.
The other reason the US is giving for opposing ICC action is the claim that it could stop a potential truce between Hamas and Israel.
But current proposals are only for a temporary ceasefire of 40 days, then Israel’s genocidal assault would continue. Other than the release of a number of political detainees on both sides, it’s not a long-term solution.
The ICC has no police force and relies on complying countries to arrest suspects. 124 nations are currently member states of the ICC, meaning Netanyahu and other Israelis could face arrest in these countries, if ICC prosecutor Karim Khan and judges issue a warrant.
“Timely, independent examination”
After a visit to Palestine and Israel in December, Khan said:
Credible allegations of crimes during the current conflict should be the subject of timely, independent examination and investigation. On this visit, I again stressed that the clear legal principles of distinction, precaution and proportionality must be complied with so that the protection of the law is rendered meaningful for those who need it.
I emphasised that not only must the letter of the law be complied with, but also the spirit upheld. International humanitarian law and the provisions of the Rome Statute are there to protect the most vulnerable.
The ICC is a ‘court of last resort’ and only acts if the nation in question is failing to prosecute for war crimes. It has issued a total number of 42 arrest warrants and its judges have convicted 10 suspects since its establishment in 2002.
Under Donald Trump, the US previously put economic and travel sanctions on ICC prosecutors for their investigation into US military torture in Afghanistan.
Following US pressure on the ICC, Khan later stated that the Afghanistan investigation would “deprioritise” US war crimes, looking more at forces such as the Taliban.
With that in mind, we must ensure that the ICC does not submit to pressure over the prosecution of Netanyahu and Israeli authority figures. Otherwise, war crimes will continue with impunity.
Featured image via IsraeliPM – YouTube and Associated Press – YouTube
By James Wright
