US officials back Netanyahu and Gallant, threaten sanctions against ICC over arrest warrants

US officials have opposed the International Criminal Court's issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and Hamas commander Mohammed Deif over alleged war crimes and crimes against humanity.

In its statement, the ICC said a pre-trial chamber had dismissed Israel’s challenges to the court’s jurisdiction and found "reasonable grounds" to hold the three men "criminally responsible." The charges include allegations of murder, persecution, and starvation as methods of warfare.

Although Israel claims Deif was killed in a July airstrike, the ICC prosecutor's office said it could not verify his status. For Deif, the chamber found "reasonable grounds" to hold him responsible for murder, extermination, torture, and sexual violence as crimes against humanity. Hamas has rejected the allegations, but welcomed the warrants against Netanyahu and Gallant, calling them a "historical precedent."

Netanyahu condemned the ICC as "antisemitic" and said it sought to delegitimise Israel’s right to self-defence. "It's a dark day in the history of humanity," he said, adding the ICC had become "an enemy of humanity."

Meanwhile, President Joe Biden’s administration voiced “fundamental” opposition to the warrants, calling the ICC’s decision an overreach.

“We fundamentally reject the court’s decision to issue arrest warrants for senior Israeli officials,” White House spokesperson Karine Jean-Pierre told reporters. She cited “troubling process errors” leading to the warrants but did not specify the alleged issues.

Republicans went a step further, calling for sanctions against the Hague-based tribunal.

Senator Lindsey Graham urged Senate leaders to pass a sanctions bill already cleared by the House. “The Senate needs to pass this bipartisan legislation that came from the House sanctioning the Court for such an outrage, and President Biden needs to sign it,” Graham wrote in a social media post.

Republican Senator Tom Cotton, known for hardline positions, suggested using military force under the American Service-Members' Protection Act, informally called the “Hague Invasion Act.”

The 2021 removal of sanctions against ICC officials by Biden has been a point of contention for many conservatives. In the wake of the ICC’s recent actions, incoming Trump administration officials have also voiced strong opposition.

Congressman Mike Waltz, who will serve as Trump’s national security adviser, accused the ICC of antisemitic bias. “The ICC has no credibility,” he posted, condemning the warrants as a baseless attack on Israel’s right to defend itself.

White House Cites Lack of Jurisdiction

Jean-Pierre also reiterated Washington’s position that the ICC lacks jurisdiction over Israel. “The ICC has no authority over Israeli officials because Israel is not a party to the court,” she said, echoing longstanding US objections to ICC proceedings involving Israel. However, the ICC argued its jurisdiction over Gaza and the West Bank stands as Palestine accepted ICC authority in 2015, being a non-member observer state at the United Nations.

Rare Support for ICC’s Decision

In contrast, Palestinian American Congresswoman Rashida Tlaib lauded the ICC warrants, calling them “historic.” In a statement, she urged the Biden administration to cease arms sales to Israel, citing alleged abuses by Israeli forces. “The United States has provided more than $18bn in weapons to the Israeli government. The Biden Administration can no longer deny that those same US weapons have been used in countless war crimes,” she wrote.

Tlaib called for an immediate halt to arms transfers to Israel, adding, “Today’s historic arrest warrants cannot bring back the dead and displaced, but they are a major step towards holding war criminals accountable.”

Dearborn Mayor Threatens to Act on Warrants

In a rare statement from local government, Abdullah Hammoud, the mayor of Dearborn, Michigan, voiced support for enforcing the ICC warrants. Dearborn, home to a significant Arab American population, would arrest Netanyahu and Gallant should they enter the city, Hammoud said. “Our president may not take action, but city leaders can ensure Netanyahu and other war criminals are not welcome to travel freely across these United States.”

Although the US does not recognise ICC jurisdiction within its borders, Hammoud’s stance highlights the legal obstacles Netanyahu and Gallant could face internationally following the ICC’s warrants

International Reactions

While the United States rejected the ICC decision, several European nations indicated they would comply with the court’s mandates. The White House stated it would not support the warrants, aligning with Israel in contesting the ICC’s jurisdiction over Gaza, the West Bank, and East Jerusalem.

Italy and the Netherlands, however, confirmed they would enforce the warrants if the individuals enter their territories.

ICC membership obligates 124 nations to enforce arrest warrants, but enforcement has proven inconsistent. Russian President Vladimir Putin, facing an ICC warrant over Ukraine, visited Mongolia in September without arrest.

EU foreign policy chief Josep Borrell remarked that the ICC decision is binding for all EU member states, a position echoed by several European countries.

Both Netanyahu and Gallant could face difficulties travelling to ICC member states where the court's arrest warrants may be enforced. The UK's government, asked whether Netanyahu would be arrested if he visited, declined to speculate.

The Palestinian Authority lauded the decision, describing it as a "correction to historical injustice" and urging countries to sever ties with Israeli leaders named in the warrant. For Gaza residents who have lost family in the conflict, the news brought hope. “The court’s decision may ease some of my pain,” said Munira al-Shami, whose sister was killed in an Israeli airstrike, "but justice will only be served when those responsible are brought to trial."