ACLJ Calls on Biden and the Senate To Impose Immediate Sanctions on the ICC Over Its Illegitimate Arrest Warrants Against Israeli Leaders

The ACLJ has sent a legal letter to President Biden and the United States Senate leadership, demanding swift and decisive measures against the International Criminal Court’s (ICC) egregious attack on Israel’s sovereignty and national security.

We sent our letter today, urging that immediate action be taken to hold the ICC accountable. Following the horrific October 7, 2023, terrorist attack by Hamas – an Iran-backed proxy group that brutally murdered approximately 1,200 Israeli and foreign civilians and kidnapped nearly 250 hostages – the ICC has shockingly chosen to issue arrest warrants against Israeli leaders, including Prime Minister Benjamin Netanyahu, defending their nation, rather than prosecuting the actual terrorists. We filed an amicus brief opposing this lawless action; and now that this act of lawfare has been taken, the ICC must be held accountable.

This ICC action represents a profound threat to both Israeli and American interests and is an infringement on our sovereignty. Our letter explained:

The United States is not a party to the Rome Statute, has never accepted ICC jurisdiction over its personnel, and has consistently rejected ICC assertions of jurisdiction. Likewise, Israel is not a party to the ICC and the ICC has no authority or jurisdiction over its leaders.

The ICC’s actions fundamentally violate international legal principles. We have urged the swift imposition of significant sanctions to hold the ICC accountable for this wanton violation of international law. The United States should use all Legislative and Executive authorities at its disposal to punish and deter this infringement on the sovereignty of our ally – an overreach that simultaneously threatens the sovereignty of the United States and threatens United States personnel and interests.

We have called both the Legislative and Executive branches to action. We have urged the reinstatement of President Trump’s Executive Order 13928, which previously recognized the organization as a threat to national security and issued sanctions. This order was misguidedly revoked by the Biden Administration in 2021. That order explained that any attempt by the ICC to arrest “personnel of countries that are United States allies and who are not parties to the Rome Statute or have not otherwise consented to ICC jurisdiction, constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States.”

We have also urged the Senate to pass H.R. 8282, the Illegitimate Court Counteraction Act, which has already received bipartisan support and passed in the House of Representatives. This law would require sanctions against anyone involved in the ICC’s illegitimate attempt to arrest Israel’s leaders.

Our letter emphasizes the basic principles at stake as the ICC infringes on our interests:

The United States cannot stand idly by as unelected and illegitimate international bureaucrats dare to threaten our sovereignty and the sovereignty of our great ally Israel. Accordingly, our executive and legislative branches must exhaust all available authorities and resources to counter the ICC’s flagrant transgressions.

Now is the time for decisive action, unwavering solidarity with our allies, and a steadfast commitment to the rule of law. The ICC’s actions against Israel are illegitimate and baseless and would create a damaging precedent that threatens both the United States and Israel. This threat against Israel’s leaders is likewise a threat against the United States, a threat we cannot take idly.