New Majority Leader of the U.S. Senate Threatens ICC with Sanctions

The Republican majority leader in the upcoming U.S. Senate warned that if the International Criminal Court (ICC) in The Hague continues its request for the extradition of senior Israeli leaders on charges of "war crimes" in Gaza, the Senate will impose sanctions on the court and its judges. Senator John Thune wrote on Sunday, November 18, that the U.S. must enact the necessary law to sanction the ICC if it continues attempts to issue arrest warrants against the Prime Minister or other Israeli officials. According to Senator Thune, if the ICC and its prosecutor do not revoke their "cruel" and "illegal" actions to pursue arrest warrants against Israeli officials, the Senate must immediately pass the sanctions law (against the court), just as the House of Representatives has done with bipartisan support. The current House of Representatives, which is majority Republican under Mike Johnson, passed the ICC sanctions bill five months ago to emphasize its support for Israel in the Gaza war. 247 members of the House, including 47 Democrats, supported the bill, while 155 opposed it. Joe Biden opposed this bill and the possibility of it becoming law after being passed in the Senate. The House bill stated that visas for court officials to travel to the U.S. would be revoked, entry for court members and staff would be restricted, and any court officials involved in attempts to arrest or prosecute U.S. allies would face financial restrictions from the U.S. John Thune was elected to lead the next Senate after Republicans secured a majority of 53 seats in the Senate in the elections on November 15, coinciding with the presidential elections. He will hold this position in two months. Karim Khan, the chief prosecutor of the ICC, confirmed on May 21 that he had asked a team of prosecutors to agree to his request for an arrest warrant for Benjamin Netanyahu, the Prime Minister, Yoav Gallant, the then Minister of Defense, and three members of the extremist group Hamas on charges of "war crimes" and "crimes against humanity." The three Hamas members; Ismail Haniyeh, Yahya Sinwar, and Mohammed Deif, whom Karim Khan had attempted to bring in, were killed in separate Israeli operations in Tehran and Gaza months after this request was made by the ICC's chief prosecutor. Hamas, which is recognized as a terrorist organization by the U.S. and the European Union, caused a war with the Israeli army in Gaza following its attack on Israel last October, which is still ongoing. The ICC has been reviewing a complaint from the South African government, which accused the Israeli army and its leaders of "war crimes," shortly after the Gaza war began. Despite participating in the ICC judicial process and sending a senior judge to the court, Israel condemned this process in this UN court and, while rejecting the accusations, emphasized that it defends its people against terrorist groups. Senator Thune suggested that the ICC sanctions law be enacted in the remaining weeks of the current Senate session under Democratic Senator Chuck Schumer's leadership and added that if this work is not completed in the remaining period of this Senate session, the Republican majority in the next Senate will "stand with Israel, America's main ally, and prioritize other supportive laws in the next Congress." Other Republican senators, such as Susan Collins, immediately supported Senator Thune's request and urged the ICC to cease its "illegal pursuits" against Israeli leaders. Mike Johnson, the current House leader, also reminded in a message on X of the bill passed five months ago against the "delegitimization conspiracy (against Israel)" and accused Senator Schumer of opposing the bill's passage in the Senate and its becoming law. Donald Trump enacted sanctions against the ICC during his first term due to accusations at that time against Israel's actions in the West Bank, but the Biden administration lifted the sanctions in the spring of 2021. Meanwhile, Karim Khan's recent personal involvement with allegations of sexual misconduct with a female employee of the court has overshadowed his request for the court to consider the possible prosecution and trial of Israeli and Hamas leaders. The ICC's internal investigation into Karim Khan was closed, but the assembly of member states agreed to conduct independent and external investigations into these allegations. Karim Khan has denied all allegations and described them as the result of a "fake information campaign" against him. He, being British, has stated that he will not resign from this position. American senators have urged the ICC to refrain from issuing arrest warrants against Israeli leaders until the personal allegations against Karim Khan are clarified.