Any ICC Arrest Warrant for Netanyahu and Israeli Leaders Would Be a “Disgrace” and Should Be Met With Immediate US Sanctions

As Israel continues to prosecute a just and righteous war to destroy a vile terrorist organization, it and its leaders are facing a serious threat from the liberal International Criminal Court (ICC) – an entity that purports to investigate and try the very sorts of crimes the Jewish state suffered on October 7. If the ICC makes good on its threats, it will lose any remaining claim it has left to being “impartial” and should face the full weight of U.S. sanctions.  Anything less would imperil American interests and put our most important ally in the Middle East at risk.

Reports indicate that ICC Chief Prosecutor Karim Khan will soon attempt to bring a war crimes case against top Israeli leaders – specifically, against Israeli Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, and a top leader of the Israeli army, most likely the chief of the general staff.  While neither Israel nor the United States recognizes the ICC’s jurisdiction, such a prosecution means that these leaders could be arrested on the spot if they were to set foot in any of the 124 countries that do recognize the ICC.  Ultimately, this prosecution would equate Prime Minister Netanyahu’s actions to defend Israel against Hamas with what Vladimir Putin has done to Ukraine.  It is nonsense, and no American leader should stand for it – regardless of politics.

This is not the first time the ICC has attempted to overstep its very limited power.  During my time as Secretary of State, the court brazenly investigated American soldiers who had fought in Afghanistan.  This was outrageous: U.S. soldiers should answer only to the United States and their superiors.  Period.  In response, we put the ICC in its place by imposing sanctions on the chief prosecutor of the International Criminal Court and one of her top aides.  The ACLJ was also deeply involved in that fight, as it presented oral arguments at The Hague advocating for the rights of United States soldiers and intelligence operatives.  We had it right: The United States has our own system and standards of justice, and we should never tolerate our citizens – and especially not our men and women in uniform – being subjected to the whims of liberal, self-important prosecutors who think their position in the “international community” entitles them to prosecute individuals outside the scope of their authority through a woke, political lens.

The same is true today for Israel.  The Jewish state is our closest and most important ally in the Middle East.  It is the region’s only democracy, and it is fighting a just war to destroy the terrorists who committed actual genocide and crimes against humanity against innocent Israelis on October 7 – horrific, depraved acts the entire world witnessed.  Israel has not stooped to the level of these terrorists in its response; far from it.  Throughout the war, the Israeli Defense Force has taken painstaking precautions to limit civilian casualties in Gaza – and every single one of those casualties are the fault of Hamas, which hides behind civilians and uses them as human shields.  The actions of Israel’s leaders and defense forces since October 7 have been entirely justified and above reproach, and the level of scrutiny the Jewish state has received from the ICC is little more than the result of anti-Israel, antisemitic bias under the thin guise of “neutrality.”

The possibility of the ICC bringing charges against Israel’s top national leaders is an absolute disgrace, but it could also do real damage.  Such charges would embolden Israel’s enemies, primarily Hamas, Hezbollah, and Iran, and make the current negotiations to bring home Israeli hostages still held by Hamas far more difficult.  They would add fuel to the shameful anti-Israel, antisemitic protests we’re continuing to see on college campuses across America.  They would give terrorists a major victory by equivocating their crimes on October 7 with Israel’s justified response.  None of these outcomes would further the cause of justice.  The only way to bring justice is to dismantle and destroy Hamas.

The Biden Administration should be absolutely clear: Any attempt by the ICC to sanction Israeli leaders will result in swift U.S. sanctions against ICC officials, just as the Trump Administration sanctioned the ICC previously.  Congressional leaders should work with the Administration to prepare this sanctions package and have it ready to roll out the minute any such charges are announced.  Remember, this is not only about Israel.  This is an unprecedented and illegitimate power grab by the ICC that, if allowed to move forward, could result in future arrest warrants being issued against American political leaders, American diplomats, and American military personnel.  That can never be allowed to happen.  The ICC should be put in its place, and America should offer Israel our steadfast support until their mission to destroy Hamas is complete.