JERUSALEM — The International Criminal Court’s (ICC) issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, following their actions in the Gaza Strip conflict, has prompted a strong response from the United States, potentially involving significant sanctions.
The ICC’s warrants, issued last week, relate to the Israeli military operations against Hamas in Gaza.
The October 7, 2023, Hamas attacks in southern Israel resulted in the deaths of nearly 1,200 people, including over 40 Americans.
Israeli media reports indicate President-elect Trump’s administration intends to impose sanctions on the ICC judges who issued the warrants, including Chief Prosecutor Karim Khan.
Khan, a British national, is currently under investigation for alleged misconduct, which he denies.
Avi Bell, a law professor at the University of San Diego and Bar Ilan University, and founding dean of the Israel Law and Liberty Forum, stated that past sanctions imposed by President Trump effectively compelled the ICC to drop its threat to prosecute American soldiers. He believes sanctions, not persuasion, will be effective in this instance.
Trump’s national security adviser nominee declared on X, “You can expect a strong response to the antisemitic bias of the ICC and U.N. come January.”
Senator Lindsey Graham emphasized that any ally assisting the ICC will face sanctions.
Rabbi Abraham Cooper of the Simon Wiesenthal Center cautioned democratic states about the ICC’s actions, characterizing the warrants as a “mockery of justice” and a victory for Iran and its allies. He warned that many countries might be compelled to arrest PM Netanyahu.
Both the Clinton and Bush administrations viewed the ICC as flawed and declined to join.
Bell described the arrest warrants as “legally a joke” but a serious development, characterizing the court under Khan as engaging in political grandstanding on behalf of terrorists.
When asked about Bell’s criticism, an ICC spokesperson declined to comment.
Bell urged countries to withdraw from the Rome Statute, cease paying dues, impose sanctions on the ICC, and pursue criminal sanctions against ICC personnel for attempted kidnapping and support for terrorism.
The ICC, established in 2002, derives its authority from the Rome Statute, which outlines four core international crimes: genocide, crimes against humanity, war crimes, and crimes of aggression, with no statute of limitations, but only applicable to crimes committed after the statute’s enactment.
Regarding anti-Jewish bias, Bell believes the ICC targets the politically weak, and while the ICC may be bigoted, its actions against Israel reflect a broader moral failing.
Gabriel Noronha, a former Iran advisor, noted the ICC disregarded diplomatic efforts and will face US repercussions. He stated that sanctions would include visa restrictions, asset freezes, and could extend to family members.
Noronha also suggested a second Trump administration might penalize countries cooperating with the warrants.
Several European countries criticized the ICC decision. Austrian Foreign Minister Alexander Schallenberg called it incomprehensible and absurd, stating it creates a false equivalence between elected officials and terrorists.
The ICC also issued a warrant for the deceased Hamas leader.
Czech Prime Minister Petr Fiala rejected the ICC decision, stating it undermines the court’s authority.
A Hungarian official accused the ICC of interfering in the conflict for political purposes.
Hamas is designated a foreign terrorist organization by the U.S. and the European Union.
The Associated Press and Peter Aitken contributed to this article.