ICC Prosecutor’s Last-Ditch Effort to Avert Sanctions Vote “`

International Criminal Court (ICC) Prosecutor Karim Khan’s application for arrest warrants against Taliban leaders Haibatullah Akhundzada and Abdul Hakim Haqqani for crimes against humanity has drawn criticism for its perceived attempt to influence the U.S. Senate’s upcoming vote on sanctions against the ICC.

This action coincides with the Senate’s consideration of a bill to sanction the ICC for seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The House version of this bill enjoys bipartisan support.

Richard Goldberg of the Foundation for Defense of Democracies described Khan’s move as a desperate attempt to prevent the Senate vote, suggesting some in Washington might be misled. He criticized the ICC’s ongoing investigations of Americans and Israelis, deeming these actions unacceptable.

The Illegitimate Court Counteraction Act would sanction individuals attempting to arrest, detain, prosecute, or investigate U.S. or allied citizens, including Israelis. It also aims to reclaim funds allocated to the ICC and halt future contributions. The U.S. is not a party to the Rome Statute.

Rebecca Hamilton, a former ICC prosecutor, highlighted the U.S.’s double standard in opposing the ICC, particularly given the Taliban arrest warrants. She suggested the timing of the announcement, coinciding with a vote that could threaten the ICC’s existence, prioritized self-preservation over mandate fulfillment. She also noted that investigations of international crimes are not undertaken overnight.

Israeli Ambassador to the U.N. Danny Danon criticized Khan’s alleged obsession with Israel, equating charges against Israeli leaders with those against Hamas and Taliban leaders as an affront to justice. He asserted the ICC has lost credibility and called for an examination of Khan’s and the ICC’s motives.

In response to questions about the timing of the Taliban warrants and the equivalence of crimes charged against Taliban and Israeli leaders, the ICC stated that the Afghanistan announcements followed significant work with affected communities to ensure accountability for alleged crimes. The office noted that the Afghanistan investigation only resumed in October 2022 following a deferral due to an admissibility challenge by the former Afghan government.

Khan’s office maintains it follows consistent protocol for all warrant filings, including those in Afghanistan and Palestine, citing recent actions in various global situations, including trials in Mali, the Central African Republic, and Darfur.

A European Union spokesperson stated that the EU respects the court’s independence and impartiality. While not commenting on charges against Israeli officials, they reiterated EU support for accountability initiatives and noted that systemic violations against women and girls in Afghanistan may constitute gender persecution, a crime under the Rome Statute.

A spokesperson for UN Secretary-General Antonio Guterres did not respond to questions regarding the equivalence of warrants for Taliban and Israeli leaders.

Senator John Fetterman announced his intention to vote for the ICCA, citing the ICC’s treatment of Israel and its perceived equivalence to Hamas as unacceptable.

Goldberg, a former national security advisor under President Trump, warned that while Congressional sanctions will hinder those waging legal warfare against the U.S., direct sanctions from the Trump administration on the ICC itself are needed to fully cripple its operations and ensure the safety of American service members.

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