ICC Seeking Arrest Warrants

In March 2023, the ICC issued warrants for Vladimir Putin and Maria Alekseyevna Lvova-Belova for war crimes in Ukraine. It’s interesting that the same arguments that the US made for the ICC to charge Russia in its war in Ukraine, are the same arguments being made for the ICC to charge Israel in its war in Gaza; arguments that the US opposes, which brings a certain element of hypocrisy. The logic that it is appropriate to enforce international humanitarian law on some, but not on allies, is concerning.

There was an outcry that the ICC should not compare Israel’s actions of self-defense to the horrific actions of Hamas on 7 Oct. On the contrary, petitioning for warrants is not a comparison of Israel and Hamas. Each side should be held accountable for its actions. International humanitarian law and the rule of war apply to every country engaging in war and conflict. What would be outrageous is that Israel should be above the law and can bomb children to death with impunity. No country or person is above the law, and there should be consequences for unlawful behavior.

Along that line, it is incomprehensible that in an attempt to interfere and circumvent the international judicial system, 12 US Senators issued threats to the OTP, including his staff and their families, suggesting that if the prosecutor filed charges against Israel, the Senators would seek retribution including sanctions on the ICC, as well as barring the OTP, and their families, from entering the US. It’s one thing to voice an opinion, but it is a whole different thing to threaten a body of international justice, certainly when that body of justice is in The Hague.

Threatening retribution for investigating, charging, arresting, and bringing to justice those who are found to be guilty of committing atrocities is obscene. The Senators are, in effect, saying that it doesn’t matter if Israel is guilty… even of genocide... you cannot touch them. That IS the definition of acting with impunity and it places Israel above the law.

To be clear, the Rome Statute gives the power to the ICC to charge individuals with war crimes, crimes against humanity, and genocide. It is imperative to the rule of law, accountability, and international justice, that the OTP, be allowed to carry out his duties wherever that may lead. There has been no information put forward by any of the opposition that disputes the evidence that the OTP has based its reason for seeking arrest warrants against Israel’s Prime Minister or Defense Minister. To attack the ICC’s independence and credibility, and to threaten the OTP just because you are not happy with its findings is absurd.

Under Rome Statute Part 3, Article 70 persons can be prosecuted for “offenses against the administration of justice.” Article 70 reads: (d) Impeding, intimidating, or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties; (e) Retaliating against an official of the Court on account of duties performed by that or another official. The court has jurisdiction because the target, the OTP, is in The Hague. The US is threatening The Hague with sanctions, something that is not likely to go over easily.