The Biden administration on Monday strongly criticized the International Criminal Court's (ICC) efforts to issue arrest warrants for top Israeli officials and Hamas leaders, arguing that these efforts unjustly equate a terrorist organization with a key US ally.
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In an exclusive interview, ICC prosecutor Karim Khan revealed that the tribunal seeks arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leader Yahya Sinwar on charges of war crimes and crimes against humanity related to the October 7 attack on Israel and the subsequent conflict, which has resulted in tens of thousands of Palestinian deaths. The prosecution is also targeting Israel’s Defense Minister Yoav Gallant and other top Hamas leaders.
President Biden denounced the ICC’s actions as “outrageous” in a statement, asserting, “there is no equivalence – none – between Israel and Hamas.” Speaking at a White House event marking Jewish American Heritage Month, Biden reiterated that Israel strives to protect civilians and rejected any claims of genocide.
The ICC's pursuit of arrest warrants provided Biden, a staunch supporter of Israel, an opportunity to reaffirm his support for the US ally amidst strained relations. Biden has recently conditioned US aid to Israel on its actions, particularly concerning its planned invasion of Rafah in southern Gaza, and has urged Netanyahu to explore non-military options.
This marks the first time the ICC has sought an arrest warrant for a leader of a major US ally, putting Netanyahu alongside figures like Russian President Vladimir Putin and the late Libyan leader Moammar Gadhafi.
Khan defended the tribunal’s actions, emphasizing that “nobody is above the law.” Although the US and Israel are not ICC members, an arrest warrant would complicate travel for Netanyahu and Gallant to any of the 124 ICC member countries, including US allies like Britain and Germany.
The ICC's move has drawn sharp rebuke from the US and some allies. Britain labeled the effort “not helpful” for achieving a ceasefire. Secretary of State Antony Blinken stated that the US “fundamentally rejects” the ICC’s announcement, warning it could hinder ceasefire and hostage release negotiations.
Biden administration officials also questioned the ICC’s jurisdiction in this matter. House Speaker Mike Johnson called the ICC's actions “baseless and illegitimate,” suggesting potential sanctions against the court. National Security Council spokesperson John Kirby indicated ongoing consultations with Congress but stopped short of supporting new sanctions.
Independent Senator Bernie Sanders, a frequent critic of Israel’s war efforts, supported the ICC’s decision, emphasizing the importance of upholding international law. However, this stance highlighted a growing divide within the Democratic Party over Israel’s actions.
Senator Debbie Stabenow expressed neutrality towards both Netanyahu and Hamas, while Senator Sherrod Brown firmly opposed the ICC’s equivalence of Israel and Hamas, reiterating his support for Biden’s position.
The situation places the US in a challenging position as it supports the ICC’s efforts to document and investigate Russian war crimes in Ukraine. Kirby reinforced US backing for these efforts while differentiating the actions of the Israeli Defense Forces from those of Russia.
Despite urging Israel to be more precise in its Gaza operations, Kirby maintained that the IDF's actions are fundamentally different from Russia's deliberate targeting of civilians in Ukraine.
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