ICC under fire: US Senators challenge legality of arrest warrants against Israel

The International Criminal Court (ICC) has been put on notice.

In a letter sent on November 1, six U.S. Senators — comprising three Republicans and three Democrats — urged the ICC’s governing body to investigate what they described as “highly irregular and potentially illegal actions by the Prosecutor” concerning Israel’s leadership, Caliber.Az reports citing The Wall Street Journal.

Senators Lindsey Graham (R., S.C.), Ben Cardin (D., Md.), John Thune (R., S.D.), Richard Blumenthal (D., Conn.), Joni Ernst (R., Iowa), and John Fetterman (D., Pa.) addressed their concerns to the Assembly of States Parties, outlining two significant issues.

Firstly, they accused Prosecutor Karim Ahmad Khan of failing to adhere to legal protocols while seeking arrest warrants. They indicated that Khan misled them into believing he would “meaningfully engage with the State of Israel” as mandated by the court’s Rome Statute prior to taking any actions. Instead, he announced his application for arrest warrants on CNN without any prior consultation with Israeli officials.

Secondly, the Senators expressed concern regarding allegations of sexual harassment that have emerged against the Prosecutor and his office, which were reportedly suppressed just before Khan’s request for the arrest warrants. These allegations, which have gained traction following an Associated Press investigation, raise further questions about the integrity of the ICC’s processes.

In response to the allegations, Khan has suggested that there is an Israeli conspiracy at play, which does little to alleviate concerns of bias. The ICC staff union has expressed distrust in the court’s internal mechanisms for accountability and has called for an independent investigation led by an external panel.

The Senators stated, “Any action by the Court regarding arrest warrants for Israeli officials without the benefit of a completed investigation into the serious allegations hanging over Prosecutor Khan would cast doubt on the Court’s actions and jeopardize the credibility of the ICC more broadly.” This sentiment is particularly relevant as the ICC faces pressure from anti-Israel factions to issue these arrest warrants, likely to occur after the upcoming U.S. elections.

This situation poses a significant risk to American interests. Currently, the ICC is pursuing Israel — which is not a member of the court — for actions taken in Gaza, a region that also lacks statehood, during a defensive operation against terrorism. The precedent set here raises the alarming possibility that the ICC could similarly target the United States, another non-member, as it continues its investigation into the Afghanistan conflict.

The question is why did President Biden revoke the sanctions imposed by President Trump on the ICC in 2021, and why are he and Senate Majority Leader Chuck Schumer preventing new bipartisan sanctions from coming to a vote? Schumer, who often portrays himself as a guardian of Jewish interests, is seemingly shielding adversaries who threaten both Israel and the U.S.

By Tamilla Hasanova