U.S. Rejects ICC Jurisdiction Over Israeli Leaders Amid War Crimes Allegations

The United States expressed strong opposition to the recent arrest warrants issued by the International Criminal Court (ICC) against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. U.S. State Department spokesperson Matthew Miller stated that the U.S. does not recognize the ICC's jurisdiction in this matter and criticized the timing of the court's proceedings. Miller emphasized that the ICC is meant to be a court of last resort, operating under rules of complementarity, which require national investigations to be exhausted before international jurisdiction applies. He highlighted that Israel’s Defense Forces are conducting their own investigations into alleged violations of humanitarian laws, rendering the ICC’s intervention premature.

Miller drew comparisons to other cases, such as Venezuela, where the ICC waited for national proceedings to conclude before initiating action. The lack of similar restraint in this instance has fueled U.S. concerns. The Biden administration, reiterating its unwavering support for Israel, denounced the ICC’s actions as “outrageous.” President Joe Biden affirmed that the U.S. would continue to stand firmly with Israel against perceived threats to its security.

The ICC’s ruling accuses Netanyahu and Gallant of war crimes, including the use of starvation as a weapon and intentionally targeting civilians. The charges stem from actions during the Gaza conflict following Hamas' attack on Israel on October 7, 2023, which left over 1,200 Israelis dead. In response to the attack, Israel imposed a “complete siege” on Gaza, cutting off essential supplies such as food, water, and electricity to the population of 2.3 million. Human rights organizations have criticized these measures, alleging they constitute violations of international humanitarian law.

Iran’s Supreme Leader Ayatollah Ali Khamenei responded to the ICC’s decision by advocating for death sentences rather than arrest warrants for Israeli leaders. Miller dismissed Khamenei’s remarks, attributing them to a state sponsor of terrorism, and urged Iran to refrain from actions that could escalate regional tensions further. The U.S. also confirmed it would not participate in upcoming nuclear talks with Iran in Geneva, emphasizing that Tehran should avoid heightening conflict and meet its international obligations regarding nuclear safeguards.

Background: The ICC’s decision marks a historic moment, as it is the first time arrest warrants have been issued against leaders of a major U.S. ally. The court’s mandate allows it to investigate and prosecute crimes in situations where national courts are unwilling or unable to act. Although neither the U.S. nor Israel is a signatory to the ICC, its jurisdiction extends beyond member states, compelling states party to the Rome Statute to act on the warrants. The charges, which include crimes against humanity, have been supported by multiple human rights groups, citing evidence of deliberate deprivation of essential supplies to Gaza’s civilian population. Despite this, Israel has dismissed the ICC's ruling, with Netanyahu labeling it antisemitic and rejecting its legitimacy. The international response has been divided, with some nations pledging compliance with the court's decisions, while the U.S. remains steadfast in its opposition.