US Reaction to ICC Ruling Against Israeli Leaders: Lacks 'Jurisdiction'

On Thursday, November 22, the United States rejected the International Criminal Court's (ICC) ruling for the arrest of Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former Minister of Defense of the country, deeming the court to lack the necessary jurisdiction. A spokesperson for the National Security Council at the White House responded to the ICC ruling in a statement sent to the Persian section of Voice of America. He stated, "The United States fundamentally rejects the court's decision to issue arrest warrants for senior Israeli officials." According to this White House official, the United States is "deeply concerned about the prosecutor's haste in issuing arrest warrants and the problematic errors in the process leading to this decision." He added, "The United States has clearly stated that the ICC does not have jurisdiction to address this matter, and we are in discussions with partners, including Israel, to take next steps." Michael McCaul, the Republican Chair of the House Foreign Affairs Committee, also issued a statement on Thursday, November 22, calling the ICC's arrest warrant for Benjamin Netanyahu and Yoav Gallant a "dangerous precedent" with "significant ramifications" for the United States. McCaul described the court's decision as "shameful" and a campaign "against Israel" that ignores the facts regarding the ongoing war in Gaza. He reminded that Israel, like the United States, is not a member of the court and has proven that it can investigate its citizens and hold them accountable when necessary. McCaul further stated that based on a bill passed by the House of Representatives earlier this year, if the ICC brings charges against American citizens or those from allied countries that are not members of the court, sanctions will be imposed against officials of this international body. He concluded by emphasizing that the Senate must immediately pass this bill to protect American military personnel and officials and U.S. allies. The judges of the ICC issued arrest warrants on Thursday, November 22, for Benjamin Netanyahu, Yoav Gallant, and Ibrahim al-Masri, a leader of the terrorist group Hamas, on charges of committing "war crimes" and "crimes against humanity." In response, Benjamin Netanyahu's office issued a statement calling the ICC's arrest warrant against him and Gallant "anti-Semitic." Netanyahu's office described the court as a "biased political entity" and its accusations as "false and baseless." The statement recalled the atrocities committed during the Hamas terrorist attack on October 7 against Israel as the largest massacre of Jews since the Holocaust, emphasizing that no war is fairer than Israel's war in Gaza. The statement accused Karim Khan, the prosecutor of this court, of "sexual harassment" and claimed that he and other judges of this international judicial body harbor "anti-Semitic hatred against Israel," asserting that no "anti-Israel" ruling will deter the country from defending its citizens. The Israeli Prime Minister's office concluded the statement by asserting that Netanyahu will not yield to any pressure and will continue his efforts to achieve all military objectives against Hamas and the Iranian terrorist axis. The issuance of arrest warrants for Netanyahu and Gallant by the ICC has sparked widespread reactions both within Israel and internationally. Mike Waltz, a Republican congressman from Florida, deemed the court lacking credibility in response to this ruling. This American legislator emphasized that the accusations against Israeli leaders have been rejected by the U.S. government, describing Israel's actions as a legitimate defense of its people and borders against "genocidal terrorists." He warned that the U.S. response to the "anti-Semitic biases of the ICC and the United Nations" will be powerful starting in January (apparently referring to the time when Donald Trump, the elected U.S. President, takes office). Senator John Fetterman, a Democrat from Pennsylvania, strongly protested the ruling, describing the ICC as "lacking jurisdiction, irrelevant, and unenforceable." Republican Senator Lindsey Graham, in response to the ICC's arrest warrants for Benjamin Netanyahu and Yoav Gallant, accused the international body of corruption, stating that the court acted in the "most absurd and irresponsible manner possible" by issuing these arrest warrants. He noted on the social media platform "X" that there are serious ambiguities regarding Karim Khan, the ICC prosecutor, adding that this court is a dangerous joke. Senator Graham emphasized that it is now time for the U.S. Senate to take action and impose sanctions on this irresponsible body through a bipartisan law, calling for President Joe Biden to sign it. This Republican senator pointed out that the ICC has challenged any understanding and concept of justice and legitimized the actions of a "corrupt prosecutor." Josep Borrell, the EU's foreign policy chief, stated that the ICC's ruling, in his description, is not political and should be respected and enforced. Additionally, Kasper Wildkamp, the Dutch Foreign Minister, announced that the Netherlands is prepared to execute the arrest warrant for Netanyahu if necessary, according to statements quoted by the Dutch news agency ANP. A spokesperson for the French Foreign Ministry also stated that France's response to this ruling will be "based on the laws of the International Criminal Court." Ayman Safadi, the Jordanian Foreign Minister, also stated that the court's rulings should be respected and enforced, adding, "The Palestinians deserve justice." Francesca Albanese, the UN Special Rapporteur on Human Rights in the Palestinian Territories, wrote on social media "X" that as the international community prepares for the potential consequences of this ruling, we must work together to "keep the flame of accountability alive." She expressed hope that "in this time of darkness, the call for justice will grow stronger." Isaac Herzog, the President of Israel, described the ICC ruling as "choosing terrorism and the devil over democracy and freedom," which has turned "the international judicial system into a human shield for Hamas's crimes against humanity." Naftali Bennett, a former Prime Minister of Israel, also called the ICC's issuance of arrest warrants for Netanyahu and Gallant a "stain of disgrace" on this international judicial body. Israel's Defense Minister, Yoav Gallant, strongly criticized the ICC ruling in The Hague for issuing arrest warrants against Netanyahu and Gallant, describing it as "a moral disgrace that is completely tainted by anti-Semitism and degrades the international judicial system to its lowest degree." He also stated that this "shameful decision" serves the "head of the snake, namely the Iranian regime and its proxies." Gideon Sa'ar, Israel's Foreign Minister, called the ICC's ruling an attack on Israel's right to self-defense and a gift to the "axis of evil." Benny Gantz, a former Israeli Defense Minister and Netanyahu's opponent, described the ICC ruling as "moral blindness and a historical stain" that "will never be forgotten." Yair Lapid, a former Prime Minister of Israel and a Netanyahu opponent, condemned the ICC ruling, reminding that Israel is fighting to defend itself against terrorist organizations that attack Israeli citizens, committing murder and sexual assault against them, and that the issuance of arrest warrants against Israeli leaders is a "reward for terrorism." The ICC judges issued arrest warrants on Thursday for Benjamin Netanyahu, Yoav Gallant, and Ibrahim al-Masri, a leader of the terrorist group Hamas, on charges of committing "war crimes" and "crimes against humanity." Karim Khan, the ICC prosecutor, stated on May 21 of this year that he was seeking to issue arrest warrants in connection with the October 7 attack against Israel and Israel's military response in Gaza. The ICC has announced that Israel's acceptance of its jurisdiction is not mandatory. Both Netanyahu and Gallant could be arrested if they travel to any of the 120 member countries of the court. Israel rejects the ICC's jurisdiction and the allegations of war crimes in Gaza. Meanwhile, Israel has announced that it killed Khaled al-Masri, also known as Mohammed Deif, in its attacks against Hamas. Hamas has neither confirmed nor denied the killing of Mohammed Deif. During the terrorist attack by Hamas on October 7 of last year, more than 1,200 residents, mostly civilians, were killed, and over 250 others, including women, children, and the elderly, were taken hostage. In response to this attack, Israel launched an invasion of Gaza aimed at destroying Hamas and recovering the kidnapped hostages. Reports indicate that the Gaza war, which began with the Hamas terrorist attack on Israeli citizens, has so far resulted in the deaths of tens of thousands and the displacement of residents in the region. While about 100 hostages were exchanged during a temporary ceasefire late last fall for Palestinian prisoners, approximately 100 remain in captivity with Hamas, and reports indicate that some of them have been killed. The Hamas group is listed as a terrorist organization by the United States, the European Union, the United Kingdom, Israel, Canada, Japan, and several other countries.