U.S. Secretary of State Antony Blinken expressed willingness to collaborate with Congress on formulating an appropriate response to the International Criminal Court (ICC) prosecutor's decision to seek arrest warrants for Israeli leaders over the Gaza war. During a Senate Foreign Relations Committee hearing on Tuesday, Blinken characterized the move as "profoundly wrong-headed," arguing that it would complicate efforts to reach a hostage deal and ceasefire in the ongoing conflict between Israel and the Palestinian militant group Hamas.
ICC prosecutor Karim Khan announced on Monday that he had reasonable grounds to believe Israeli Prime Minister Benjamin Netanyahu, Israel's defense chief, and three Hamas leaders "bear criminal responsibility" for alleged war crimes and crimes against humanity. The United States, which is not a member of the court, has been critical of Khan's announcement, asserting that the ICC lacks jurisdiction over the Gaza conflict and raising concerns about the process.
In response to questions from Republican Sen. James Risch, Blinken indicated the administration's openness to taking action against the Netherlands-based court. "Given the events of yesterday, I think we have to look at the appropriate steps to take to deal with again, what is a profoundly wrongheaded decision," Blinken said, adding that he wants to work with the committee "on a bipartisan basis."
The Biden administration's forceful condemnation of Khan's decision to apply for warrants against top Israeli officials has been met with bipartisan support from lawmakers. House Speaker Mike Johnson stated that House Republicans are exploring the possibility of sanctioning the ICC, warning that if the court is allowed to threaten Israeli leaders, American leaders could be next.
Despite the administration's criticism of the ICC's actions in the Gaza conflict, it has faced questions about its continued support for the court's investigation into Russian war crimes during the invasion of Ukraine. Defense Secretary Lloyd Austin confirmed that the U.S. will continue to provide support to the ICC in relation to crimes committed in Ukraine, while State Department spokesperson Matthew Miller acknowledged the court's important work in holding individuals accountable for war crimes and crimes against humanity.
The Trump administration previously sanctioned ICC officials by executive order in 2020 over its investigation of possible war crimes by U.S. military and intelligence officials in Afghanistan, sanctions that the Biden administration lifted the following year. Republican members of Congress have threatened legislation to impose sanctions on the ICC once again, but any such measure would require support from President Joe Biden and his fellow Democrats, who control the Senate.
As the situation unfolds, the Biden administration's response to the ICC's move will be closely watched. Blinken's comments suggest a willingness to work with Congress to formulate an appropriate response, which may include sanctions or other measures to penalize the court for its decision to seek arrest warrants for Israeli leaders. The administration's stance on the ICC's actions in the Gaza conflict, while simultaneously supporting its investigation into Russian war crimes in Ukraine, has drawn scrutiny and raised questions about the consistency of U.S. policy toward the court.
