The International Criminal Court (ICC) dismissed Israel’s appeals and issued arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
The ICC indicted them on charges of “crimes against humanity and war crimes,” citing the use of starvation as a warfare tactic and targeting of civilians. Israeli President Isaac Herzog issued a statement condemning the ICC’s decision.
“This outrageous ICC ruling, made in bad faith, has turned international justice into a global joke. It mocks the sacrifices of all who fight for justice – from the Allied victory over the Nazis to the present day,” Herzog wrote.
Herzog contended that the ICC’s decision ignores Hamas’ use of human shields and its October 7, 2023 terror attacks, which ignited the conflict, as well as the Israeli hostages still held in Gaza.
“In essence, this decision sides with terror and evil over democracy and freedom, transforming the justice system itself into a human shield for Hamas’ crimes against humanity,” he added. “This cynical manipulation of international legal institutions underscores the need for moral clarity in confronting the Iranian empire of evil, which seeks to destabilize our region and the world, and destroy the institutions of the free world.”
Israel made multiple attempts to prevent the ICC from issuing the arrest warrants. Initially, they argued the ICC lacked jurisdiction over Israel, but the court countered that it could issue warrants under the “territorial jurisdiction of Palestine.”
Israel also raised other procedural objections, all of which were rejected.
The ICC’s action follows closely after Senate Majority Leader-elect John Thune threatened sanctions against the court if it proceeded with the arrest warrants.
Thune, chosen last week to lead the Senate majority when the GOP assumes control in January 2025, warned that if the current Democratic leader fails to act, he will.
“If the ICC and its prosecutor do not reverse their outrageous and unlawful pursuit of arrest warrants against Israeli officials, the Senate should immediately pass sanctions legislation, as the House has already done on a bipartisan basis,” Thune stated on X. “If Majority Leader Schumer does not act, the Senate Republican majority will stand with our key ally Israel and make this – and other supportive legislation – a top priority in the next Congress.”
While the U.S. doesn’t formally recognize the ICC’s authority, this isn’t the first time Washington has sought to impede the court’s actions.
In 2020, the Trump administration opposed ICC investigations into U.S. soldiers and CIA personnel involved in actions between 2003-2004 “in secret detention facilities in Afghanistan,” and imposed sanctions on ICC prosecutors.
The Biden administration lifted those sanctions soon after taking office.