A group of House Democrats is urging the International Criminal Court (ICC) to rescind arrest warrants for Israel’s prime minister and former defense minister as Congress is poised to legislate sanctions over the global court’s actions.
Reps. Eugene Vindman (D-Virg.) and Brad Schneider (D-Ill.), co-led a letter sent to Päivi Kaukoranta, President of the Assembly of State Parties to the ICC, arguing arrest warrants for officials from a democratic country “diverts attention and resources from prosecuting genuine war criminals.”
In November, the ICC issued arrest warrants against the commander of Hamas’s military wing, Mohammed Deif, for the terrorist attack against Israel committed on Oct. 7, but also for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for war crimes committed during the subsequent war against Hamas in the Gaza Strip.
Israel’s supporters in Washington argue that the ICC has no jurisdiction over Israel because it is not a signatory to the treaty establishing the ICC, and that as a democracy it has the ability to investigate itself and hold perpetrators accountable for crimes committed during war.
“Israel is a democracy governed by the rule of law, with an independent judiciary capable of addressing allegations of misconduct,” the lawmakers wrote.
“Issuing arrest warrants against leaders of a democratic nation defending itself against Hamas — a terrorist organization responsible for heinous war crimes — sets a dangerous precedent that emboldens bad actors and delegitimizes the Court.”
The letter was signed with 40 other House Democrats, criticizing the court’s decision as eroding trust in the international justice system, in turn weakening efforts to build global consensus to hold Russia accountable for atrocities in Ukraine. In March 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin and a senior Russian official for the war crime of kidnapping Ukrainian children.
The letter came as 45 Democrats voted with 198 Republicans in the House to pass legislation compelling sanctions on ICC officials or entities related to the court for pursuing investigations or arrest warrants against U.S. officials or officials from allied countries like Israel.
While Schneider voted in favor of the legislation, Vindman voted against it. The Virginia democrat formerly served as a war crimes investigator in Ukraine, and is a recognized expert in criminal international law.
In a statement, Vindman said the court's investigation into Israel “undermines the principles of justice and threatens to politicize the Court’s critical mission to prosecute the world’s most egregious crimes.”
While it’s still unclear if the Senate can overcome the 60-vote threshold to pass the bill in the upper chamber, President-elect Trump is likely to be open to sanctioning the ICC, having imposed sanctions on the court’s officials during his first term in office.
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