In a letter to Chief Prosecutor Karim Khan of the International Criminal Court (ICC), a number of powerful Republican senators have threatened him with “severe sanctions” if he issues international arrest warrants against Israeli Prime Minister Benjamin Netanyahu and other Israeli officials.
In a brief one-page letter signed by twelve Republican senators that Zeteo alone was able to secure. Khan is advised that the International Criminal Court (ICC) will view any effort to make Netanyahu and his associates answerable for their deeds in Gaza “not only as a threat to Israel’s sovereignty but to the sovereignty of the United States.”
Along with Senators Tom Cotton of Arkansas, Marsha Blackburn of Tennessee, Katie Boyd Britt of Alabama, Ted Budd of North Carolina, Kevin Cramer of North Dakota, Ted Cruz of Texas, Bill Hagerty of Tennessee, Pete Ricketts of Nebraska, Marco Rubio and Rick Scott of Florida, and Tim Scott of South Carolina, the letter was signed by Senate Minority Leader Mitch McConnell of Kentucky.
The senators argued that there was no basis for the ICC’s stated goal of criminalising “lawful acts of self-defense.” They cited Khan’s remarks about “calculated cruelty” after an attack on October 7, highlighting the difference between the terrorism of Hamas and what they considered to be Israel’s legitimate reaction. They contended that the ICC would be aligned with the “largest state sponsor of terrorism” if such warrants were issued.
The signatories cautioned that the United States’ and Israel’s sovereignty would be in danger if such warrants were issued. They declared, “Target Israel and we will target you,” threatening retaliatory action. They also promised to stop US backing for the ICC and to ban Khan and his family from entering the country. In closing, the letter said, “You have been warned.”
The ICC Prosecutor’s Office acknowledged the substantial public interest in ongoing investigations in a statement released on Friday in response to the letter’s release, and it encouraged discussion. Nevertheless, it issued a warning against anyone intending to take legal retribution against the court, citing Article 70 of the Rome Statute that forbids such measures.
Even though the ICC has asserted jurisdiction over Palestinian territory, the United States does not recognise this jurisdiction and is not a signatory to the Rome Statute. In addition, the letter made mention of the American Service-Members’ Protection Act, which forbids funding to the International Criminal Court and gives the US President the authority to take the required actions to ensure the release of any jailed US citizen or ally.
After the letter was made public, Bob Rae, Canada’s Permanent Representative to the UN, underlined how important it is for the ICC to function without fear. In an additional correspondence on Monday, Senator Cotton’s staff affirmed the letter’s legitimacy to JURIST.
The ICC has the authority to prosecute individuals for alleged war crimes, crimes against humanity, and genocide. Presently, Israel faces genocide accusations brought by South Africa in the International Court of Justice (ICJ), which has imposed provisional measures in response to Israel’s Gaza offensive.
