By Sydney Dalske
The International Criminal Court’s move to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas’ leader Yahya Sinwnar over alleged war crimes has opened a rift between the United States and some of its closest allies.
ICC Prosecutor Karim Khan announced on Monday that his office is requesting the arrest warrants against Netanyahu, Sinwar, and three other Hamas military leaders for crimes related to the October 2023 attacks in Israel and and the subsequent war in Gaza. The charges against the Israeli and Palestinian leaders include extermination, murder, deliberately targeting civilians, and denying humanitarian relief.
The decision marked the first time the ICC has sought to prosecute the leader of one of America’s key democratic allies. The US swiftly condemned Khan’s actions, with President Biden calling it “outrageous” and suggesting it created a false equivalence between Israel and the militant group Hamas, which the US designates as a terrorist organization.
However, Biden’s stance puts the US at odds with allies like France, Belgium and Germany. While expressing some concerns, those nations defended the independence of the ICC to pursue prosecutions without political interference.
The disconnect highlighted what some observers view as a double standard, given the Biden administration’s full-fledged support for the ICC’s arrest warrant for Russian President Vladimir Putin over alleged war crimes in Ukraine. Human rights advocates accused Biden of hypocrisy and applying different standards to US friends versus foes.
“Biden’s response was deeply disappointing,” said Kenneth Roth of Human Rights Watch. “These charges are not about Israel’s right to defend itself … They’re about how Israel has chosen to defend itself, and no cause can be used as an excuse to commit war crimes.”
Within the US, Biden’s position sparked criticism from liberal Democrats and supporters of Palestinian human rights who viewed it as undermining international institutions and the rule of law. However, many Republicans and conservative Democrats backed Biden, seeing his stance as properly defending a critical US ally against what they viewed as an unjustified prosecution.
The rift threatens to complicate US diplomacy and divide Americans further over the Israel-Palestinian conflict ahead of the 2024 Presidential election. With Netanyahu labeling Khan a “rogue prosecutor” and accusing him of fueling antisemitism, the issue may become a campaign flashpoint.
For the ICC, securing international cooperation to arrest the high-level suspects
named will prove extremely difficult if the US and Israel actively oppose the warrants. But proceeding with the case could bolster the court’s legitimacy by demonstrating its independence from political pressure.
As the geological implications play out, the ultimate impact may hinge on whether America’s European partners choose to prioritize long-standing democratic alliances or enforce the pursuit of accountability for alleged war crimes through international legal bodies like the ICC.
The difference in US compared to European stances could lead to a fissure in the US-led coalition that has backed Ukraine against Russia’s invasion. This all makes the political consequences of ICC’s pursuit uncertain, but especially so for America’s position in global leadership and its reputation in foreign policy.
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