Biden supports Israel despite war crime accusations from ICC.
President Joe Biden strongly condemned the recent decision made by the International Criminal Court’s top war crimes prosecutor, which called for the arrest of Israeli leaders over the military offensive in Gaza. This move has intensified the U.S. administration’s unwavering support for Israel’s actions despite mounting criticism both internationally and within the Democratic voter base.
In a much-awaited announcement, ICC prosecutor Karim Khan sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant due to their involvement in the military campaign in Gaza. This offensive, ongoing for almost eight months, has resulted in over 35,000 casualties and the displacement of 80% of the population.
Khan also requested arrest warrants for three Hamas leaders – Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh – for their roles in the attack on southern Israel on October 7, resulting in approximately 1,200 fatalities and 250 individuals being taken as hostages.
Accusing all five figures of committing war crimes and crimes against humanity in both Gaza and Israel, Netanyahu labeled the allegations as “disgraceful” and antisemitic. Meanwhile, Hamas criticized the charges against its leaders, arguing that it unfairly associates the victims with the perpetrators and asserting the group’s right to resist Israel’s oppressive occupation.
Despite Israel not being a member of the ICC, the court has the jurisdiction to prosecute Israeli officials because the alleged crimes were committed on Palestinian territory by Israeli forces, and the ICC recognizes Palestine as a member state.
President Biden swiftly rejected the ICC’s application for arrest warrants against Israeli leaders, emphasizing that there is no equivalence between Israel and Hamas, and Israel is committed to safeguarding civilian lives.
Not only Biden but other U.S. officials have strongly criticized the ICC’s decision. Secretary of State Antony Blinken deemed Khan’s announcement as a misguided move that could hinder efforts to reach a cease-fire agreement. During a Senate hearing, a protestor even interrupted Blinken by calling him the “butcher of Gaza.”
State Department spokesperson Matthew Miller faced backlash when he suggested that Israel and the U.S. have greater authority over Gaza than the ICC for prosecuting individuals for war crimes.
Former Senator Patrick Leahy highlighted the Leahy law, which restricts the U.S. from providing military aid to individuals or security forces involved in severe human rights violations. He pointed out that despite reports of rights abuses by Israeli forces, none have been deemed ineligible for U.S. aid since the law was passed in 1997.
The Biden administration’s criticism of the ICC is noteworthy, particularly because the U.S. supported the ICC’s decision last year to issue an arrest warrant for Russian President Vladimir Putin over alleged war crimes in Ukraine. This has led to accusations of double standards regarding war crimes committed by U.S. allies.
Nihad Awad, from the Council on American-Islamic Relations, highlighted that war crimes are war crimes regardless of the perpetrator, emphasizing the need to hold Israeli leaders accountable for their actions in Gaza.
A three-judge panel at the ICC will decide on Khan’s request for arrest warrants, a process expected to take approximately two months. The prosecutor’s decision has garnered support from at least three European countries, reflecting a divide in the Western world on how to address Israel’s conduct.
Amidst these developments, accusations of genocide against Palestinians by Israel have also surfaced in the International Court of Justice, a separate entity from the ICC. While the ICJ focuses on inter-country disputes, the ICC handles criminal cases against individuals for war crimes.
Despite allegations of genocide, President Biden has clarified that Israel’s actions in Gaza do not constitute genocide, conflicting with reports from the U.N. special rapporteur and accusations at the ICJ regarding genocidal acts against Palestinians by Israel.
