President Joe Biden has mounted a robust defense of Israel against allegations of war crimes presented in the world’s top courts. This defense comes in the wake of an announcement by Karim Khan, the chief prosecutor of the International Criminal Court (ICC), who revealed he is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant over alleged war crimes committed during the recent conflict in Gaza.
Speaking at a Jewish American Heritage Month event at the White House on Monday, Biden expressed unequivocal support for Israel, criticizing the ICC’s move.
“Let me be clear, we reject the ICC’s application for arrest warrants against Israeli leaders,” he said, stressing that there is a wide difference between Israel and Hamas, the militant group governing Gaza: “There is no equivalence between Israel and Hamas,” he added.
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Hours before his speech, Biden issued a strongly-worded statement condemning the ICC’s actions as “outrageous.” His administration has consistently maintained that the ICC does not have jurisdiction over Israel, a stance reiterated in his latest comments.
ICC and ICJ Proceedings
Karim Khan’s push for arrest warrants against Netanyahu and Gallant signifies a bold step by the ICC in addressing alleged war crimes in the Israeli-Palestinian conflict. The charges relate to actions taken by Israeli forces during the war in Gaza, which have drawn widespread international scrutiny and condemnation.
In addition to the ICC’s actions, Israel is also contending with a separate case of alleged genocide at the International Court of Justice (ICJ). This case, brought by South Africa, accuses Israel of committing genocidal acts in Gaza. Biden dismissed these allegations, stating, “Contrary to allegations against Israel made by the International Court of Justice (ICJ), what’s happening in Gaza is not genocide. We reject that.”
The ICJ had previously ruled in January that there was a plausible risk of genocide in Gaza, ordering Israel to take several provisional measures to prevent any genocidal acts from occurring.
Israel, Hamas Reactions
Israel’s Defense Minister Yoav Gallant condemned the arrest warrants, describing Khan’s decision as an unacceptable attempt to equate Israel with Hamas.
“Prosecutor Karim Khan’s attempt to deny the state of Israel the right to defend herself and ensure the release of the hostages held in Gaza must be rejected explicitly,” Gallant stated. He reaffirmed that Israel, as a non-member of the ICC, does not recognize the court’s authority and emphasized Israel’s right to self-defense.
Hamas, the Palestinian militant group, has also reacted strongly to the ICC’s decision. The group condemned the arrest warrants against its leaders, accusing the ICC of unfairly equating victims with aggressors.
“We strongly condemn the attempts of the ICC Prosecutor to equate victims with aggressors by issuing arrest warrants against a number of Palestinian resistance leaders without legal basis,” Hamas declared in a statement on Monday.
The ICC prosecutor, Karim Khan, has sought arrest warrants for Yahya Sinwar, Hamas’ military leader in Gaza, Mohammed Deif, leader of the Al Qassem Brigades, and Ismail Haniyeh, Hamas’ political leader. These warrants are tied to alleged war crimes committed during the conflict with Israel.
Domestic U.S. Response
Biden’s defense of Israel has resonated with some segments of the American public, particularly among supporters of Israel, who view the ICC’s actions as politically motivated. His remarks at the White House event were met with warm applause. However, Biden’s position has also sparked significant backlash from pro-Palestinian activists and antiwar advocates, who have labeled him “Genocide Joe” in protests across the country.
Republican lawmakers have taken an even more hardline stance against the ICC. Senator Tom Cotton expressed his determination to ensure that ICC officials would face severe repercussions if they attempted to pursue legal actions against Israeli leaders.
“My colleagues and I look forward to make sure neither Khan, his associates nor their families will ever set foot again in the United States,” Cotton wrote on social media platform X.
House Speaker Mike Johnson echoed these sentiments, confirming that House Republican leaders are exploring various sanctions against the ICC in response to its decision.
“In the absence of leadership from the White House, Congress is reviewing all options, including sanctions, to punish the ICC and ensure its leadership faces consequences if they proceed. If the ICC is allowed to threaten Israeli leaders, ours could be next,” he stated on Monday.
Johnson further emphasized the lack of authority the ICC holds over Israel and the United States: “The ICC has no authority over Israel or the United States, and today’s baseless and illegitimate decision should face global condemnation. International bureaucrats cannot be allowed to use lawfare to usurp the authority of democratic nations that maintain the rule of law,” he said.
International Reactions
The international community has exhibited mixed reactions to the ICC prosecutor’s actions. In bold opposition to the US, several European nations have voiced their support for the ICC’s independence and actions.
Switzerland’s UN envoy Pascale Baeriswyl stressed the importance of respecting the ICC’s autonomy.
“Switzerland fully supports the court and stresses the importance of respecting its independence,” Baeriswyl told the United Nations Security Council.
France and Belgium issued statements backing the ICC’s request for arrest warrants. The French foreign ministry stated, “Regarding Israel, it will be up to the court’s Pre-Trial Chamber to decide whether to issue these warrants, after examining the evidence put forward by the Prosecutor to support his accusations.”
The ministry added, “France supports the International Criminal Court, its independence, and the fight against impunity in all situations.”
EU foreign policy chief Josep Borrell said if the ICC issues arrest warrants for top Israeli officials over alleged war crimes in Gaza, all European Union member states would be legally required to comply.
“The mandate of the ICC, as an independent international institution, is to prosecute the most serious crimes under international law,” he said.
“All States that have ratified the ICC statutes are bound to execute the Court’s decisions.”
Implications of ICC Actions
The ICC’s intervention in the Israeli-Palestinian conflict marks a historic moment, being the first instance of the court seeking to prosecute individuals from this region. Previously, the ICC had issued an arrest warrant for Russian President Vladimir Putin in March 2023 over alleged war crimes in Ukraine.
Should the ICC’s Pre-Trial Chamber approve the arrest warrants, Netanyahu and Gallant could face significant travel restrictions, potentially affecting their ability to visit allied countries, including Germany and the United Kingdom. All signatories of the Rome Statute, which established the ICC, are obligated to cooperate fully with its decisions. This could complicate international diplomacy and travel for Israeli leaders.
The U.S., as a non-member of the ICC, has reiterated that Israel falls outside the court’s jurisdiction. However, the potential issuance of arrest warrants by the ICC could pressure U.S. allies who are members of the court to act, presenting a complex diplomatic challenge.