Senator John Thune of South Dakota issued a warning on Sunday: the International Criminal Court (ICC) faces sanctions if it doesn’t withdraw its warrant request for Israeli Prime Minister Benjamin Netanyahu’s arrest.
Thune, slated to become Senate Majority Leader in January 2025, pledged to act if the current Democratic leader fails to address the ICC’s actions.
“If the ICC and its prosecutor don’t reverse their unwarranted pursuit of arrest warrants against Israeli officials, the Senate must immediately pass sanctions legislation, mirroring the House’s bipartisan action,” Thune stated on X. “If Majority Leader Schumer fails to act, the Senate Republican majority will prioritize this and similar legislation supporting our key ally, Israel.”
In May, the ICC sought arrest warrants for Netanyahu, then-Defense Minister Yoav Gallant, and three Hamas members, alleging war crimes and crimes against humanity stemming from the October 7, 2023 attacks. The Hamas members are reportedly deceased.
Thune’s threat aligns with a June bill introduced by Senator Tom Cotton (R-Ark.), echoing a previously passed House bill, targeting prosecutors who pursue “U.S., Israeli, or allied citizens wrongfully targeted by the ICC.”
The U.S. doesn’t formally recognize the ICC, but this isn’t its first attempt to curb the court’s actions.
In 2020, the Trump administration opposed an ICC investigation into U.S. soldiers and CIA personnel involved in actions between 2003-2004 in Afghan detention facilities, imposing sanctions on ICC prosecutors.
These sanctions, extending beyond asset freezes and travel bans, had significant consequences.
“ICC service providers – from banks to vending machine companies – reconsidered their involvement,” Human Rights Watch explained.
“It created apprehension and uncertainty for NGOs, consultants, and lawyers working with the ICC,” the organization added.
Richard Goldberg, a former White House National Security Council member and current Foundation for Defense of Democracies senior advisor, told Digital that the 2020 sanctions effectively disrupted the ICC, especially impacting the election of a new chief prosecutor.
“Many believe the U.S. sanctions influenced Karim Khan to shelve investigations of Israel and the U.S. after his election,” Goldberg explained, referring to the ICC chief prosecutor who filed the warrant requests against Netanyahu and Gallant.
Goldberg cautioned that sanctions against prosecutors might not deter Khan, potentially viewed as “a badge of honor.”
Goldberg suggested targeting the ICC itself rather than individual prosecutors.
“Threatening sanctions against individuals involved in illegitimate indictments of American or Israeli soldiers differs from using sanctions to cut off the ICC’s funding,” he told Digital.
“Countries like Japan and South Korea might pressure the ICC if they fear sanctions on banks wiring money to the ICC,” he added.
According to Reuters, the court typically decides on arrest warrants within three months, though the timeline for this case remains unclear.
The last request for an arrest warrant against a government leader, targeting Russian President Vladimir Putin in February 2023, saw a decision made after the application’s filing.