Washington’s Stand-Off
The United States has stepped up its row with the International Criminal Court (ICC), sanctioning judges who are involved in cases against Israeli Prime Minister Benjamin Netanyahu. Secretary of State Marco Rubio revealed the move on Wednesday, labelling the court a direct “national security threat” to both the US and Israel.
The latest sanctions target French Judge Nicolas Guillou, who is presiding over a case that issued an arrest warrant for Netanyahu on charges of war crimes in Gaza. Also sanctioned were Canadian Judge Kimberly Prost and two ICC deputy prosecutors, Nazhat Shameem Khan of Fiji and Mame Mandiaye Niang of Senegal.
Rubio justified the action as a measure to counter what he termed “lawfare” against the United States and its allies. He condemned the ICC for probing US and Israeli citizens “without either country’s consent.”
France Expresses “Dismay”
The sanctions were immediately denounced by Washington’s allies. France, whose President Emmanuel Macron had been to the US only days before, termed Washington’s action as “dismay” at targeting Guillou, a seasoned jurist who had worked earlier with the US Justice Department under Barack Obama’s administration. Paris termed the action “a contradiction to the principle of an independent judiciary.
The ICC itself condemned Washington’s actions as a “flagrant attack” on the independence of an objective judicial body. The court is backed by most Western democracies as a last-resort tool for accountability when national courts are unable to provide justice.
Netanyahu thanked US support, commending Rubio for his “decisive act” against what Netanyahu termed a smear campaign of lies aimed at Israel and its military.
War Crimes Allegations and World Contradictions
The ICC’s case against Netanyahu focuses on war crimes and crimes against humanity charges during Israel’s Gaza offensive, such as intentionally targeting civilians and employing starvation as a weapon of war. Warrants were issued for arrest against former Israeli Defense Minister Yoav Gallant and Hamas commander Mohammed Deif, who has since been killed by the Israelis.
Critics mention what they perceive as inconsistencies in Washington’s policy. While forcefully protecting Israel and retaliating against ICC officials, the US has been lenient elsewhere. President Donald Trump recently hosted Russian President Vladimir Putin in Alaska, although Putin has an ICC arrest warrant for war crimes in Ukraine.
This position highlights the United States’ longstanding denial of the ICC’s jurisdiction, a position held by Russia and Israel. Previous sanctions on ICC judges were reversed by the administration of President Joe Biden, which, despite opposing the court’s investigations into Israel, permitted partial cooperation on the cases related to Ukraine.
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A Court Under Pressure
The newest sanctions will prevent the targeted prosecutors and judges from traveling to the United States and freezing any of their assets at US financial institutions. Such actions are usually reserved for enemies, not members of allied governments.
The episode points to the profound divides between Washington and its Western allies over the ICC’s role. While most of the allies stand behind the court as a pillar of international justice, the United States persists in viewing it as a challenge to sovereignty particularly when it comes to its own conduct or that of Israel.
As tensions escalate, the sanctions threaten to further isolate the US from international allies, and to reinforce doubts over the consistency of its position on international law.
